TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Proposed Regulation
Titles of Regulations: 9VAC20-80. Solid
Waste Management Regulations (repealing 9VAC20-80-10 through 9VAC20-80-790).
9VAC20-81. Solid Waste Management
Regulations (adding 9VAC20-81-10 through 9VAC20-81-760).
9VAC20-101. Vegetative Waste Management and Yard Waste Composting Regulations (repealing 9VAC20-101-10 through 9VAC20-101-210).
Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq., 40 CFR Part 258.
Public Hearing Information:
August 3, 2009 - 10 a.m. - Department of Environmental Quality, 629 East Main Street, 2nd Floor Conference Room, Richmond, VA
Public Comments: Public comments may be submitted until 5 p.m. September 4, 2009.
Agency Contact: Leslie D. Beckwith, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4123, FAX (804) 698-4237, or email ldbeckwith@deq.virginia.gov.
Basis: Section 10.1-1402 and 10.1-1408.1 of the Code of Virginia authorize the board to supervise and control waste management activities in the Commonwealth and to promulgate regulations necessary to carry out its powers and duties. The corresponding federal authority for the criteria for municipal solid waste landfills is found at 40 CFR Parts 257 and 258. The federal authority for municipal solid waste landfills is mandatory. The state legal authority for all other types of facilities is also mandatory.
Purpose: The proposed regulation is needed to coordinate waste management practices with statute amendments, other agencies and other programs, and to address issues and questions that have arisen since the regulations were last modified. The current solid waste regulation is cumbersome as the result of several amendments that were not able to address the cohesiveness of the regulation as a whole. This amendment is intended to concentrate on clarity, conciseness of writing, and efficiency of the entire structure of the regulation while retaining compatibility with the U.S. Environmental Protection Agency (EPA) program approval and statutory requirements. The purpose of this amendment is to review each section of the regulation for clarity and complexity in order to transform it into a standard that is easier for the public and regulated community both to read and to follow. The goals of this amendment are to improve standards, focus on results-oriented requirements where feasible, make the regulations clear and enforceable, and to provide less burdensome requirements for those types of facilities that divert waste from landfills while still protecting the public health, public safety, the environment, and natural resources.
Substance: The agency proposes to incorporate the Vegetative Waste and Yard Waste Composting Regulations into the Virginia Solid Waste Management Regulations and to recodify the Virginia Solid Waste Management Regulations, 9VAC20-80 into 9VAC20-81. The agency also proposes to include the consolidation of related topics; revisions to conform to existing statutes; the consolidation of exemptions and exclusions into one section; inclusion of the unauthorized waste control program in the operation section of each type of solid waste facility to eliminate confusion; citation to the Federal Solid Waste Regulations where feasible; consolidation of details about beneficial use demonstrations; consolidation of Sanitary, Industrial, and Construction-Demolition-Debris (CDD) disposal facility standards; and consolidation of Solid Waste Storage and Treatment facility standards. New standards for centralized sludge treatment facilities are added, permit modifications are streamlined, statutory provisions are incorporated where feasible, and a preapproved alternate liner has been added to eliminate the variance process for those alternate liners routinely approved. Also composting permitting requirements are made less burdensome to encourage these types of activities.
Issues: The proposed actions make the regulations easier to read and research for both private citizens and businesses. A major advantage to the agency and the regulated community are the proposed streamlined permitting review procedures that will result in improved efficiency of available department resources. One potential issue that may arise will include the education and training of staff and the regulated community to understand the recodification of the current regulation from 9VAC20-80 to 9VAC20-81. Guidance and reference documents are being developed to address this issue. There are no potential disadvantages to the public or the Commonwealth from adopting the proposed amendments.
Requirements more restrictive than federal: The RCRA Subtitle D program is not a program that is enforced directly by SEPA. It includes a basic solid waste management program with many state options that are adopted and administered by the states. The federal program has not developed standards for facilities that are not municipal solid waste management facilities; Virginia regulates CDD, industrial landfills, incinerators and other solid waste facilities. The proposed amendment maintains compatibility with EPA program approval for Subtitle D facilities and contains requirements for non-Subtitle D facilities, which are broader in scope than federal requirements.
The Department of Planning and Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation. Virginia Waste Management Board proposes to 1) no longer necessitate a full permit application for changes made to the operations manual of a solid waste facility, 2) remove the composting facility capacity limit for a full permit and to allow them to obtain a permit by rule, 3) to reduce the number of permit modifications considered major, 4) to create a new facility type for permitting purposes, 5) to remove the Phase I groundwater monitoring, 6) to change the adoption of alternate concentration limit from a variance procedure to an approval procedure, and 7) to format, reorganize, and edit in order to improve clarity and streamline the flow of language.
Result of Analysis. The benefits likely exceed the costs for all proposed changes.
Estimated Economic Impact. One of the proposed changes will no longer necessitate a full permit application for changes made to the operations manual of a solid waste facility. Currently, when a facility makes a change to its operations manual, it must do that by going through the permit process as the operations manual is currently considered to be a part of the permit. Under the proposed changes, a facility will be able to change their operations manual without triggering a permit process. This will save the Department of Environmental Quality (DEQ) administrative resources that would have otherwise been spent on reviewing the change. It will also save facility owners the application fees, and consultant fees involved in the permit review process. In 2008, most of the 15 major amendment applications were related to operations manual changes and of the 54 minor amendments, 14 were related to operations manual revisions. The current major amendment fee is $7,050.
Another proposed change will affect how composting facilities are regulated. Currently any composting facility with capacity over 700 tons per quarter has to get a full permit from DEQ. Under the proposed changes, the cap will be removed and these facilities will be allowed to obtain a permit by rule as long as they fulfill the necessary criteria. This will save facilities the expenses that would have otherwise been required to obtain permits. The fee for a compost full permit is $12,670 which is considerable higher than the $390 permit by rule fee. It takes approximately 18 to 24 months to obtain a full permit while it takes about 30 days to obtain a permit by rule. The application costs could be more than $200,000 for a full permit while permit by rule application may cost about $50,000 to $100,000. Also, removal of the need for a full permit is expected to encourage the amount of wastes composted in Virginia.
Another proposed change will reduce the number of modifications considered major from an estimated 30 types to 13 types. DEQ evaluated what is a major environmental impact and what is not when revising the criteria to categorize what would be considered as a major modification. This is expected to reduce the number of major modification applications and evaluations in a given year and save money and resources to both the regulated facilities and DEQ. The current major amendment fee is $7,050.
Another proposed change will create a new facility type for permitting purposes. The new type of facilities is Centralized Waste Treatment Facilities. Currently some facilities dealing with industrial sludge are regulated as materials recovery facilities, but the DEQ reports issues for regulating them under materials recovery facilities regulations. To address the issues a new facility type is proposed with a set of more appropriate requirements that would apply to them.
Another change will remove the Phase I groundwater monitoring. Currently, landfills are required to collect groundwater samples for monitoring periodically. In phase I, a testing for indicators for pollutants is performed. If a limit is exceeded in Phase I, Phase II testing is performed where the testing is performed to detect specific pollutants themselves not the indicators. According to DEQ, the performance of Phase I indicators is poor and causing many false positives and triggering a Phase II testing. The proposed regulations will remove the Phase I testing and require facilities to test for the pollutants directly. This is expected to save the costs involved in Phase I testing as in almost all cases Phase I results lead to Phase II testing. DEQ estimates that only 12 landfills out of 239 are currently doing only Phase I testing. While the testing costs of these 12 facilities will likely increase, approximately five of them will be eligible to request a reduced constituent list which will somewhat mitigate any potential increase in their compliance costs. In addition, three of the 12 are in the process of terminating post closure care and will likely no longer be monitoring groundwater by the time the proposed regulations are effective.
Another proposed regulation will change the adoption of alternate concentration limit from a variance procedure to an approval procedure. Under the current regulations, alternate concentration limits for constituents for which there is no federal maximum concentration limit are established through a variance procedure. Under the proposed regulations, alternate concentration limits will be established through an approval process. Also, the proposed regulations will provide a preapproved alternate liner system in order to eliminate the variance process for those alternate liners which are routinely approved. These changes are expected to provide some savings in administrative resources to both facility owners and DEQ.
All of the remaining changes are mainly formatting, reorganization, and editorial changes and are not expected to create any significant economics effect other that providing some small savings in term of making it easier to follow and understand the regulations and possibly reducing communication costs.
Businesses and Entities Affected. The proposed regulations apply to solid waste facilities. Approximately 222 landfills are regulated. Of these approximately 130 are municipal or county government owned and the rest are owned by private corporations. Less than 40 facilities are estimated to be small businesses.
Localities Particularly Affected. The proposed regulations apply throughout the Commonwealth.
Projected Impact on Employment. The proposed regulations in general are expected to reduce administrative burden on regulants as well as on DEQ which may reduce the demand for labor. However, the affected entities may use their savings in administrative resources and increase their demand for labor elsewhere.
Effects on the Use and Value of Private Property. The proposed regulations are expected to have a positive impact on the asset value of private businesses as they are expected to experience a reduction in their administrative compliance costs and improve their profits.
Small Businesses: Costs and Other Effects. The proposed regulations are expected to provide over all cost savings rather than increasing costs.
Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed regulations are not expected to have overall adverse impact on small businesses.
Real Estate Development Costs. No significant effect on real estate development costs is expected.
Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.
Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.
Summary:
This proposed action recodifies the Virginia Solid Waste Management Regulations and incorporates the Vegetative Waste and Yard Waste Composting Regulations into the regulations. The proposed regulations (i) no longer necessitate a full permit application for changes made to the operations manual of a solid waste facility; (ii) remove the composting facility capacity limit for a full permit and allow a facility to obtain a permit by rule; (iii) reduce the number of permit modifications considered major; (iv) add new standards for centralized sludge treatment facilities; (v) remove the Phase I groundwater monitoring; (vi) change the adoption of alternate concentration limit from a variance procedure to an approval procedure; (vii) modify language to conform to existing statutes and add citations to federal regulations; (viii) add a preapproved alternate liner to eliminate the variance process for those alternate liners routinely approved; (ix) make composting permitting requirements less burdensome; and (x) format, reorganize, and edit the regulations to improve clarity and streamline the flow of language.
CHAPTER 80
SOLID WASTE MANAGEMENT REGULATIONS (REPEALED)
Part I
Definitions
9VAC20-80-10. Definitions.(Repealed.)
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Abandoned facility" means any inactive solid
waste management facility that has not met closure and post-closure
requirements.
"Active life" means the period of operation
beginning with the initial receipt of solid waste and ending at completion of
closure activities required by this chapter.
"Active portion" means that part of a facility
or unit that has received or is receiving wastes and that has not been closed
in accordance with this chapter.
"Agricultural waste" means all solid waste produced
from farming operations.
"Airport" means, for the purpose of this
chapter, a military airfield or a public-use airport open to the public without
prior permission and without restrictions within the physical capacities of
available facilities.
"Anaerobic digestion" means the decomposition of
organic materials in the absence of oxygen or under low oxygen concentration.
Anaerobic conditions occur when gaseous oxygen is depleted during respiration.
Anaerobic decomposition is not considered composting.
"Applicant" means any and all persons seeking or
holding a permit under this chapter.
"Aquifer" means a geologic formation, group of
formations, or a portion of a formation capable of yielding significant
quantities of ground water to wells or springs.
"Areas susceptible to mass movement" means those
areas of influence (i.e., areas characterized as having an active or
substantial possibility of mass movement) where the movement of earth material
at, beneath, or adjacent to the solid waste management unit, because of natural
or man-induced events, results in the downslope transport of soil and rock
material by means of gravitational influence. Areas of mass movement include,
but are not limited to, landslides, avalanches, debris slides and flows, soil
fluction, block sliding, and rock fall.
"Ash" means the fly ash or bottom ash residual
waste material produced from incineration or burning of solid waste or from any
fuel combustion.
"Base flood" see "Hundred-year flood."
"Bedrock" means the rock that underlies soil or
other unconsolidated, superficial material at a site.
"Benchmark" means a permanent monument
constructed of concrete and set in the ground surface below the frostline with
identifying information clearly affixed to it. Identifying information will include
the designation of the benchmark as well as the elevation and coordinates on
the local or Virginia state grid system.
"Beneficial use" means a use which is of benefit
as a substitute for natural or commercial products and does not contribute to
adverse effects on health or environment.
"Bioremediation" means remediation of
contaminated media by the manipulation of biological organisms to enhance the
degradation of contaminants.
"Bird hazard" means an increase in the
likelihood of bird/aircraft collisions that may cause damage to the aircraft or
injury to its occupants.
"Board" means the Virginia Waste Management
Board.
"Bottom ash" means ash or slag that has been
discharged from the bottom of the combustion unit after combustion.
"By-product material" means a material that is
not one of the primary products of a production process and is not solely or
separately produced by the production process. By-product does not include a
co-product that is produced for the general public's use and is ordinarily used
in the form that is produced by the process.
"Captive industrial landfill" means an
industrial landfill that is located on property owned or controlled by the
generator of the waste disposed of in that landfill.
"Clean wood" means uncontaminated natural or
untreated wood. Clean wood includes but is not limited to by-products of
harvesting activities conducted for forest management or commercial logging, or
mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs.
It does not include wood that has been treated, adulterated, or chemically
changed in some way; treated with glues, binders, or resins; or painted,
stained or coated.
"Closed facility" means a solid waste management
facility which has been properly secured in accordance with the requirements of
this chapter.
"Closure" means that point in time when a unit
of a permitted landfill is filled, capped, certified as final covered by a
professional engineer, inspected, and closure notification is performed by the
department in accordance with 9VAC20-80-250 E 6, 9VAC20-80-260 E 5, or
9VAC20-80-270 E 5.
"Coal combustion by-products" means residuals,
including fly ash, bottom ash, boiler slag, and flue gas emission control waste
produced by coal-fired electrical or steam generating units.
"Combustion unit" means an incinerator, waste
heat recovery unit or boiler.
"Commercial chemical product" means a chemical
substance which is manufactured or formulated for commercial, agricultural or
manufacturing use. This term includes a manufacturing chemical intermediate,
off-specification chemical product, which, if it met specification, would have
been a chemical product or intermediate. It includes any residues remaining in
the container or the inner liner removed from the container that has been used
to hold any of the above which have not been removed using the practices
commonly employed to remove materials from that type of container and has more
than one inch of residue remaining.
"Commercial waste" means all solid waste
generated by establishments engaged in business operations other than
manufacturing or construction. This category includes, but is not limited to,
solid waste resulting from the operation of stores, markets, office buildings,
restaurants and shopping centers.
"Community activity" means the normal activities
taking place within a local community to include residential, site preparation
and construction, government, commercial, institutional, and industrial
activities.
"Compliance schedule" means a time schedule for
measures to be employed on a solid waste management facility which will
ultimately upgrade it to conform to this chapter.
"Composite liner system" means a system designed
and constructed to meet the requirements of 9VAC20-80-250 B 9.
"Compost" means a stabilized organic product
produced by a controlled aerobic decomposition process in such a manner that
the product can be handled, stored, and/or applied to the land without
adversely affecting public health or the environment. Composted sludge shall be
as specified in 12VAC5-581-630.
"Composting" means the manipulation of the
natural aerobic process of decomposition of organic materials to increase the
rate of decomposition.
"Conditionally exempt small quantity generator"
means a generator of hazardous waste who has been so defined in 40 CFR
261.5. That section applies to the persons who generate in that calendar month
no more than 100 kilograms of hazardous waste or 1 kilogram of acutely
hazardous waste.
"Confined composting system" means a composting
process that takes place inside an enclosed container.
"Construction/Demolition/Debris landfill" or
"CDD landfill" means a land burial facility engineered, constructed
and operated to contain and isolate construction waste, demolition waste,
debris waste, or combinations of the above solid wastes.
"Construction waste" means solid waste which is
produced or generated during construction, remodeling, or repair of pavements,
houses, commercial buildings, and other structures. Construction wastes
include, but are not limited to lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, paving materials, and metal and plastics if
the metal or plastics are a part of the materials of construction or empty
containers for such materials. Paints, coatings, solvents, asbestos, any
liquid, compressed gases or semi-liquids and garbage are not construction
wastes.
"Contaminated soil" means, for the purposes of
this chapter, a soil that, as a result of a release or human usage, has
absorbed or adsorbed physical, chemical, or radiological substances at
concentrations above those consistent with nearby undisturbed soil or natural
earth materials.
"Container" means any portable device in which a material is stored, transported, treated,
or otherwise handled and includes transport vehicles that are containers
themselves (e.g., tank trucks) and containers placed on or in a transport
vehicle.
"Containment structure" means a closed vessel
such as a tank or cylinder.
"Convenience center" means a collection point
for the temporary storage of solid waste provided for individual solid waste
generators who choose to transport solid waste generated on their own premises
to an established centralized point, rather than directly to a disposal
facility. To be classified as a convenience center, the collection point may
not receive waste from collection vehicles that have collected waste from more
than one real property owner. A convenience center shall be on a system of
regularly scheduled collections.
"Cover material" means compactable soil or other
approved material which is used to blanket solid waste in a landfill.
"Debris waste" means wastes resulting from land
clearing operations. Debris wastes include, but are not limited to stumps,
wood, brush, leaves, soil, and road spoils.
"Demolition waste" means that solid waste which
is produced by the destruction of structures and their foundations and includes
the same materials as construction wastes.
"Department" means the Virginia Department of
Environmental Quality.
"Director" means the Director of the Department
of Environmental Quality. For purposes of submissions to the director as
specified in the Waste Management Act, submissions may be made to the
department.
"Discard" means to abandon, dispose of, burn, incinerate, accumulate, store or treat before or
instead of being abandoned, disposed of, burned or incinerated.
"Discarded material" means a material which is:
A. Abandoned by being:
1. Disposed of;
2. Burned or incinerated; or
3. Accumulated, stored or treated (but not used, reused, or
reclaimed) before or in lieu of being abandoned by being disposed of, burned or
incinerated;
B. Recycled used, reused, or reclaimed material as defined
in this part; or
C. Considered inherently waste-like as described in
9VAC20-80-140 C.
"Discharge of dredged material" means any
release of material that is excavated or dredged from the waters of the U.S. or
state waters and returned to the waters of the U.S. or state waters.
"Disclosure statement" means a sworn statement
or affirmation, in such form as may be required by the director (see DEQ Form
DISC-01 and 02 (Disclosure Statement), which includes:
1. The full name, business address, and social security
number of all key personnel;
2. The full name and business address of any entity, other
than natural person, that collects, transports, treats, stores, or disposes of
solid waste or hazardous waste in which any key personnel holds an equity
interest of five percent or more;
3. A description of the business experience of all key
personnel listed in the disclosure statement;
4. A listing of all permits or licenses required for the
collection, transportation, treatment, storage, or disposal of solid waste or
hazardous waste issued to or held by any key personnel within the past 10
years;
5. A listing and explanation of any notices of violation,
prosecution, administrative orders (whether by consent or otherwise), license
or permit suspensions or revocations, or enforcement actions of any sort by any
state, federal or local authority, within the past ten years, which are pending
or have concluded with a finding of violation or entry of a consent agreement,
regarding an allegation of civil or criminal violation of any law, regulation
or requirement relating to the collection, transportation, treatment, storage
or disposal of solid waste or hazardous waste by any key personnel, and an
itemized list of all convictions within ten years of key personnel of any of
the following crimes punishable as felonies under the laws of the Commonwealth
or the equivalent thereof under the laws of any other jurisdiction: murder;
kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson;
burglary; theft and related crimes; forgery and fraudulent practices; fraud in
the offering, sale, or purchase of securities; alteration of motor vehicle
identification numbers; unlawful manufacture, purchase, use or transfer of
firearms; unlawful possession or use of destructive devices or explosives;
violation of the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of Title
54.1 of the Code of Virginia; racketeering; or violation of antitrust laws;
6. A listing of all agencies outside the Commonwealth which
have regulatory responsibility over the applicant or have issued any
environmental permit or license to the applicant within the past ten years, in
connection with the applicant's collection, transportation, treatment, storage
or disposal of solid waste or hazardous waste;
7. Any other information about the applicant and the key
personnel that the director may require that reasonably relates to the
qualifications and ability of the key personnel or the applicant to lawfully
and competently operate a solid waste management facility in Virginia; and
8. The full name and business address of any member of the
local governing body or planning commission in which the solid waste management
facility is located or proposed to be located, who holds an equity interest in
the facility.
"Displacement" means the relative movement of
any two sides of a fault measured in any direction.
"Disposal" means the discharge, deposit,
injection, dumping, spilling, leaking or placing of any solid waste into or on
any land or water so that such solid waste or any constituent of it may enter
the environment or be emitted into the air or discharged into any waters.
"EPA" means the United States Environmental
Protection Agency.
"Existing unit" means any permitted solid waste
management unit that is receiving or has received solid waste and has not been
closed in accordance with the regulations in effect at the time of closure.
Waste placement in existing units shall be consistent with past operating
practices, the permit, or modified practices to ensure good management.
"Facility" means solid waste management facility
unless the context clearly indicates otherwise.
"Facility boundary" means the boundary of the
solid waste management facility approved to manage solid waste as defined in
Part A of the permit application. For unpermitted solid waste management
facilities as defined in 9VAC20-80-200, the facility boundary is the boundary
of the property where the solid waste is located. For facilities with a
permit-by-rule (PBR) the facility boundary is the boundary of the property
where the permit-by-rule activity occurs.
"Facility structure" means any building, shed,
or utility or drainage line on the facility.
"Fault" means a fracture or a zone of fractures
in any material along which strata on one side have been displaced with respect
to that on the other side.
"Floodplain" means the lowland and relatively
flat areas adjoining inland and coastal waters, including lowlying areas of
offshore islands where flooding occurs.
"Fly ash" means ash particulate collected from
air pollution attenuation devices on combustion units.
"Food chain crops" means crops grown for human
consumption, tobacco, and crops grown for pasture and forage or feed for
animals whose products are consumed by humans.
"Fossil fuel combustion products" means coal
combustion byproducts as defined in this regulation, coal combustion byproducts
generated at facilities with fluidized bed combustion technology, petroleum
coke combustion byproducts, byproducts from the combustion of oil, byproducts
from the combustion of natural gas, and byproducts from the combustion of
mixtures of coal and "other fuels" (i.e., co-burning of coal with
"other fuels" where coal is at least 50% of the total fuel). For
purposes of this definition, "other fuels" means waste-derived fuel
product, auto shredder fluff, wood wastes, coal mill rejects, peat, tall oil,
tire-derived fuel, deionizer resins, and used oil.
"Free liquids" means liquids which readily
separate from the solid portion of a waste under ambient temperature and
pressure as determined by the Paint Filter Liquids Test, Method 9095, U.S.
Environmental Protection Agency, Publication SW-846.
"Garbage" means readily putrescible discarded
materials composed of animal, vegetable or other organic matter.
"Gas condensate" means the liquid generated as a
result of gas control or recovery processes at the solid waste management unit.
"Ground water" means water below the land
surface in a zone of saturation.
"Hazardous constituent" means a constituent of
solid waste listed in Part V, Table 5.1.
"Hazardous waste" means a "hazardous
waste" as described by the Virginia Hazardous Waste Management Regulations
(9VAC20-60).
"Holocene" means the most recent epoch of the
Quaternary period, extending from the end of the Pleistocene Epoch to the
present.
"Home use" means the use of compost for growing
plants which is produced and used on a privately owned residential site.
"Host agreement" means any lease, contract,
agreement or land use permit entered into or issued by the locality in which
the landfill is situated that includes terms or conditions governing the
operation of the landfill.
"Household hazardous waste" means any waste
material derived from households (including single and multiple residences,
hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds and day-use recreation areas) which, except for the fact that it is
derived from a household, would otherwise be classified as a hazardous waste in
accordance with 9VAC20-60.
"Household waste" means any waste material,
including garbage, trash and refuse, derived from households. Households
include single and multiple residences, hotels and motels, bunkhouses, ranger
stations, crew quarters, campgrounds, picnic grounds and day-use recreation
areas. Household wastes do not include sanitary waste in septic tanks (septage)
which is regulated by other state agencies.
"Hundred-year flood" means a flood that has a
1.0% or greater chance of recurring in any given year or a flood of magnitude
equaled or exceeded on the average only once in a hundred years on the average
over a significantly long period.
"Ignitable waste" means: (i) Liquids having a
flash point of less than 140°F (60°C) as determined by the methods specified in
the Virginia Hazardous Waste Management Regulations (9VAC20-60); (ii)
nonliquids liable to cause fires through friction, absorption of moisture,
spontaneous chemical change or retained heat from manufacturing or liable, when
ignited, to burn so vigorously and persistently as to create a hazard; (iii)
ignitable compressed gases, oxidizers, or both.
"Incineration" means the controlled combustion
of solid waste for disposal.
"Incinerator" means a facility or device
designed for the treatment of solid waste by combustion.
"Industrial waste" means any solid waste
generated by manufacturing or industrial process that is not a regulated
hazardous waste. Such waste may include, but is not limited to, waste resulting
from the following manufacturing processes: Electric power generation;
fertilizer/agricultural chemicals; food and related products/by-products;
inorganic chemicals; iron and steel manufacturing; leather and leather
products; nonferrous metals manufacturing/foundries; organic chemicals;
plastics and resins manufacturing; pulp and paper industry; rubber and
miscellaneous plastic products; stone, glass, clay, and concrete products;
textile manufacturing; transportation equipment; and water treatment. This term
does not include mining waste or oil and gas waste.
"Industrial waste landfill" means a solid waste
landfill used primarily for the disposal of a specific industrial waste or a
waste which is a by-product of a production process.
"Inert waste" means solid waste which is
physically, chemically and biologically stable from further degradation and
considered to be nonreactive. Inert wastes include rubble, concrete, broken
bricks, bricks, and blocks.
"Injection well" means, for the purposes of this
chapter, a well or bore hole into which fluids are injected into selected
geological horizons.
"Institutional waste" means all solid waste
emanating from institutions such as, but not limited to, hospitals, nursing homes,
orphanages, and public or private schools. It can include regulated medical
waste from health care facilities and research facilities that must be managed
as a regulated medical waste.
"Karst terranes" means areas where karst
topography, with its characteristic surface and subterranean features, is
developed as the result of dissolution of limestone, dolomite, or other soluble
rock. Characteristic physiographic features present in karst terranes include,
but are not limited to, sinkholes, sinking streams, caves, large springs, and
blind valleys.
"Key personnel" means the applicant itself and
any person employed by the applicant in a managerial capacity, or empowered to
make discretionary decisions, with respect to the solid waste or hazardous
waste operations of the applicant in Virginia, but shall not include employees
exclusively engaged in the physical or mechanical collection, transportation,
treatment, storage, or disposal of solid or hazardous waste and such other
employees as the director may designate by regulation. If the applicant has not
previously conducted solid waste or hazardous waste operations in Virginia, the
term also includes any officer, director, partner of the applicant, or any
holder of five percent or more of the equity or debt of the applicant. If any
holder of five percent or more of the equity or debt of the applicant or of any
key personnel is not a natural person, the term includes all key personnel of
that entity, provided that where such entity is a chartered lending institution
or a reporting company under the Federal Security and Exchange Act of 1934, the
term does not include key personnel of such entity. Provided further that the
term means the chief executive officer of any agency of the United States or of
any agency or political subdivision of the Commonwealth, and all key personnel
of any person, other than a natural person, that operates a landfill or other
facility for the disposal, treatment, or storage of nonhazardous solid waste
under contract with or for one of those governmental entities.
"Lagoon" means a body of water or surface
impoundment designed to manage or treat waste water.
"Land application unit" means an area where
solid or liquid wastes are applied onto or incorporated into the soil surface
(excluding manure spreading operations) for agricultural purposes or for
treatment or disposal.
"Landfill" means a sanitary landfill, an
industrial waste landfill, or a construction/demolition/debris landfill.
"Landfill disposal area" means the area within
the facility boundary of a landfill in which solid waste is buried or permitted
for actual burial.
"Landfill gas" means gas generated as a
byproduct of the decomposition of organic materials in a landfill. Landfill gas
consists primarily of methane and carbon dioxide.
"Lateral expansion" means a horizontal expansion
of the waste management unit boundary.
"Leachate" means
a liquid that has passed through or emerged from solid waste and contains
soluble, suspended or miscible materials from such waste. Leachate and any
material with which it is mixed is solid waste; except that leachate that is
pumped from a collection tank for transportation to disposal in an off-site
facility is regulated as septage, leachate discharged into a waste water
collection system is regulated as industrial waste water and leachate that has
contaminated ground water is regulated as contaminated ground water.
"Lead acid battery" means, for the purposes of
this chapter, any wet cell battery.
"Lift" means the daily landfill layer of
compacted solid waste plus the cover material.
"Liquid waste" means any waste material that is
determined to contain "free liquids" as defined by this chapter.
"Lithified earth material" means all rock,
including all naturally occurring and naturally formed aggregates or masses of
minerals or small particles of older rock that formed by crystallization of
magma or by induration of loose sediments. This term does not include man-made
materials, such as fill, concrete, and asphalt, or unconsolidated earth
materials, soil, or regolith lying at or near the earth's surface.
"Litter" means, for purposes of this chapter,
any solid waste that is discarded or scattered about a solid waste management
facility outside the immediate working area.
"Lower explosive limit" means the lowest
concentration by volume of a mixture of explosive gases in air that will
propagate a flame at 25°C and at atmospheric pressure.
"Manufacturing or mining by-product" means a
material that is not one of the primary products of a particular manufacturing
or mining operation, but is a secondary and incidental product of the
particular operation and would not be solely and separately manufactured or
mined by the particular manufacturing or mining operation. The term does not
include an intermediate manufacturing or mining product which results from one
of the steps in a manufacturing or mining process and is typically processed
through the next process step within a short time.
"Materials recovery facility" means a solid
waste management facility for the collection, processing and recovery of
material such as metals from solid waste or for the production of a fuel from
solid waste. This does not include the production of a waste-derived fuel
product.
"Maximum horizontal acceleration in lithified earth
material" means the maximum expected horizontal acceleration depicted on a
seismic hazard map, with a 90% or greater probability that the acceleration
will not be exceeded in 250 years, or the maximum expected horizontal
acceleration based on a site-specific seismic risk assessment.
"Monitoring" means all methods, procedures and
techniques used to systematically analyze, inspect and collect data on
operational parameters of the facility or on the quality of air, ground water,
surface water, and soils.
"Monitoring wells" means a well point below the
ground surface for the purpose of obtaining periodic water samples from ground
water for quantitative and qualitative analysis.
"Mulch" means woody waste consisting of stumps,
trees, limbs, branches, bark, leaves and other clean wood waste which has
undergone size reduction by grinding, shredding, or chipping, and is
distributed to the general public for landscaping purposes or other
horticultural uses except composting as defined and regulated under this
chapter or the Vegetative Waste Management and Yard Waste Composting
Regulations (9VAC20-101).
"Municipal solid waste" means that waste which
is normally composed of residential, commercial, and institutional solid waste
and residues derived from combustion of these wastes.
"New solid waste management facility" means a
facility or a portion of a facility that was not included in a previous
determination of site suitability (Part A approval).
"Nonsudden events" mean those events continuing
for an extended time period or for long term releases of contaminants into the
environment which take place over time such as leachate contamination of ground
water.
"Nuisance" means an activity which unreasonably
interferes with an individual's or the public's comfort, convenience or enjoyment
such that it interferes with the rights of others by causing damage, annoyance,
or inconvenience.
"Off-site" means any site that does not meet the
definition of on-site as defined in this part.
"On-site" means the same or geographically
contiguous property, which may be divided by public or private right-of-way,
provided the entrance and exit to the facility are controlled by the owner or
the operator of the facility. Noncontiguous properties owned by the same
person, but connected by a right-of-way which he controls and to which the
public does not have access, are also considered on-site property.
"Open burning" means the combustion of solid
waste without:
1. Control of combustion air to maintain adequate
temperature for efficient combustion;
2. Containment of the combustion reaction in an enclosed
device to provide sufficient residence time and mixing for complete combustion;
and
3. Control of the combustion products' emission.
"Open dump" means a site on which any solid
waste is placed, discharged, deposited, injected,
dumped or spilled so as to present a threat of a release of harmful substances
into the environment or present a hazard to human health. Such a site is
subject to the Open Dump Criteria in 9VAC20-80-180.
"Operating Record" means records required to be
maintained in accordance with the facility permit or this part (see
9VAC20-80-570).
"Operator" means the person responsible for the
overall operation and site management of a solid waste management facility.
"Owner" means the person who owns a solid waste
management facility or part of a solid waste management facility.
"Permit" means the written permission of the
director to own, operate or construct a solid waste management facility.
"PCB" means any chemical substance that is
limited to the biphenyl molecule that has been chlorinated to varying degrees
or any combination of substances which contain such substance (see 40 CFR
761.3).
"Person" means an individual, corporation,
partnership, association, a governmental body, a municipal corporation or any
other legal entity.
"Point source" means any discernible, confined
and discrete conveyance, including but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock, vessel or
other floating craft, from which pollutants are or may be discharged. Return
flows from irrigated agriculture are not included.
"Pollutant" means any substance which causes or
contributes to, or may cause or contribute to, environmental degradation when
discharged into the environment.
"Poor foundation conditions" means those areas
where features exist which indicate that a natural or man-induced event may
result in inadequate foundation support for the structural components of a
solid waste management unit.
"Post-closure" means the requirements placed
upon solid waste disposal facilities after closure to ensure environmental and
public health safety for a specified number of years after closure.
"Private solid waste disposal facility" means
any solid waste disposal facility including, without limitations, all solid
waste disposal facilities other than facilities owned or operated by a local
government, combination of local governments or public service authority.
"Processing" means preparation, treatment, or
conversion of waste by a series of actions, changes, or functions that bring
about a desired end result.
"Progressive cover" means cover material placed
over the working face of a solid waste disposal facility advancing over the
deposited waste as new wastes are added keeping the exposed area to a minimum.
"Public land" means any land, used for any purpose, that is leased or owned by a governmental entity.
"Putrescible waste" means solid waste which
contains organic material capable of being decomposed by micro-organisms and
cause odors.
"Qualified ground water scientist" means a
scientist or engineer who has received a baccalaureate or post-graduate degree
in the natural sciences or engineering and has sufficient training and
experience in ground water hydrology and related fields as may be demonstrated
by state registration, professional certifications, or completion of accredited
university programs that enable that individual to make sound professional
judgements regarding ground water monitoring, contaminant fate and transport,
and corrective action.
"RCRA" means the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976 (42 USC § 6901 et
seq.), the Hazardous and Solid Waste Amendments of 1984, and any other
applicable amendments to these laws.
"RDF (Refuse Derived Fuel)" means solid waste
that is processed to be used as fuel to produce energy.
"Reclaimed material" means a material that is
processed or reprocessed to recover a usable product or is regenerated to a
usable form.
"Refuse" means all solid waste products having
the character of solids rather than liquids and which are composed wholly or
partially of materials such as garbage, trash, rubbish, litter, residues from
clean up of spills or contamination, or other discarded materials.
"Registered professional engineer" means an
engineer licensed to practice engineering in the Commonwealth as defined by the
rules and regulations set forth by the Board of Architects, Professional
Engineers, Land Surveyors, and Landscape Architects (18VAC10-20).
"Regulated hazardous waste" means a solid waste
that is a hazardous waste, as defined in the Virginia Hazardous Waste
Management Regulations (9VAC20-60), that is not excluded from those regulations
as a hazardous waste.
"Regulated medical waste" means solid wastes so
defined by the Regulated Medical Waste Management Regulations (9VAC20-120) as
promulgated by the Virginia Waste Management Board.
"Release" means, for the purpose of this
chapter, any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injection, escaping, leaching, dumping, or disposing into the
environment solid wastes or hazardous constituents of solid wastes (including
the abandonment or discarding of barrels, containers, and other closed
receptacles containing solid waste). This definition does not include: any
release which results in exposure to persons solely within a workplace; release
of source, by-product or special nuclear material from a nuclear incident, as
those terms are defined in the Atomic Energy Act of 1954 (68 Stat. 923); and
the normal application of fertilizer. For the purpose of this chapter, release
also means substantial threat of release.
"Remediation waste" means all solid waste,
including all media (ground water, surface water, soils and sediments) and
debris, that are managed for the purpose of remediating a site under Part IV
(9VAC20-80-170 et seq.) or Part V (9VAC20-80-240 et seq.) of this chapter or
under the Voluntary Remediation Regulations (9VAC20-160). For a given facility,
remediation wastes may originate only from within the boundary of that
facility, and may include wastes managed as a result of remediation beyond the
boundary of the facility. Hazardous wastes as defined in 9VAC20-60, as well as
"new" or "as generated" wastes, are excluded from this
definition.
"Remediation waste management unit" or
"RWMU" means an area within a facility that is designated by the
director for the purpose of implementing remedial activities required under
Part IV or V of this chapter or under the Voluntary Remediation Regulations
(9VAC20-160). An RWMU shall only be used for the management of remediation
wastes pursuant to implementing such remedial activities at the facility.
"Residential waste" means household waste.
"Resource recovery system" means a solid waste
management system which provides for collection, separation, use, reuse, or
reclamation of solid wastes, recovery of energy and disposal of non-recoverable
waste residues.
"Rubbish" means combustible or slowly
putrescible discarded materials which include but are not limited to trees,
wood, leaves, trimmings from shrubs or trees, printed matter, plastic and paper
products, grass, rags and other combustible or slowly putrescible materials not
included under the term "garbage."
"Runoff" means any rainwater, leachate, or other
liquid that drains over land from any part of a solid waste management
facility.
"Runon" means any rainwater, wastewater,
leachate, or other liquid that drains over land onto any part of the solid
waste management facility.
"Salvage" means the authorized, controlled
removal of waste materials from a solid waste management facility.
"Sanitary landfill" means an engineered land
burial facility for the disposal of household waste which is so located,
designed, constructed and operated to contain and isolate the waste so that it
does not pose a substantial present or potential hazard to human health or the
environment. A sanitary landfill also may receive other types of solid wastes,
such as commercial solid waste, nonhazardous sludge, hazardous
waste from conditionally exempt small quantity generators, construction
demolition debris, and nonhazardous industrial solid waste.
"Saturated zone" means that part of the earth's
crust in which all voids are filled with water.
"Scavenging" means the unauthorized or
uncontrolled removal of waste materials from a solid waste management facility.
"Scrap metal" means bits and pieces of metal
parts such as bars, rods, wire, empty containers, or metal pieces that may be
combined together with bolts or soldering which are discarded material and can
be used, reused, or reclaimed.
"Secondary containment" means an enclosure into
which a container or tank is placed for the purpose of preventing discharge of
wastes to the environment.
"Seismic impact zone" means an area with a 10%
or greater probability that the maximum horizontal acceleration in lithified
earth material, expressed as a percentage of the earth's gravitational pull
(g), will exceed 0.10g in 250 years.
"Semiannual" means an interval corresponding to
approximately 180 days. For the purposes of scheduling monitoring activities,
sampling within 30 days of the 180-day interval will be considered semiannual.
"Site" means all land and structures, other
appurtenances, and improvements on them used for treating, storing, and
disposing of solid waste. This term includes adjacent land within the facility
boundary used for the utility systems such as repair, storage, shipping or
processing areas, or other areas incident to the management of solid waste.
(Note: This term includes all sites whether they are
planned and managed facilities or are open dumps.)
"Sludge" means any solid, semi-solid or liquid
waste generated from a municipal, commercial or industrial wastewater treatment
plant, water supply treatment plant, or air pollution control facility
exclusive of treated effluent from a wastewater treatment plant.
"Small landfill" means a landfill that disposed
of 100 tons/day or less of solid waste during a representative period prior to
October 9, 1993, and did not dispose of more than an average of 100 tons/day of
solid waste each month between October 9, 1993, and April 9, 1994.
"Solid waste" means any of those materials
defined as 'solid waste' in Part III (9VAC20-80-140 et seq.) of this chapter.
"Solid waste boundary" means the outermost
perimeter of the solid waste (vertical projection on a horizontal plane) as it
would exist at completion of the disposal activity within the facility
boundary.
"Solid waste disposal area" means the area
within the facility boundary of a landfill facility in which solid waste is
buried.
"Solid waste disposal facility" means a solid
waste management facility at which solid waste will remain after closure.
"Solid waste management facility
("SWMF")" means a site used for planned treating, storing, or
disposing of solid waste. A facility may consist of several treatment, storage,
or disposal units.
"Source separation" means separation of
recyclable materials by the waste generator of materials that are collected for
use, reuse or reclamation.
"Special wastes" mean solid wastes that are
difficult to handle, require special precautions because of hazardous
properties or the nature of the waste creates waste management problems in
normal operations. (See Part VIII (9VAC20-80-630 et seq.) of this chapter.)
"Speculatively accumulated material" means any
material that is accumulated before being used, reused, or reclaimed or in
anticipation of potential use, reuse, or reclamation. Materials are not being
accumulated speculatively when they can be used, reused or reclaimed, have a
feasible means of use, reuse, or reclamation available and 75% of the materials
accumulated are being removed from the facility annually.
"Stabilized compost" means a compost that has
passed the stability criteria outlined in 9VAC20-80-330 D 2 a.
"State solid waste management plan ("State
Plan" or "Plan")" means the plan of the Virginia Waste
Management Board that sets forth solid waste management goals and objectives
and describes planning and regulatory concepts to be employed by the
Commonwealth.
"State waters" means all water, on the surface
and under the ground, wholly or partially within, or bordering the
Commonwealth, or within its jurisdiction.
"Storage" means the holding of waste, at the end
of which the waste is treated, disposed, or stored elsewhere.
"Structural components of a solid waste disposal
unit" means liners, leachate collection systems, final covers,
run-on/run-off systems, and any other component used in the construction and
operation of the solid waste disposal facility that is necessary for protection
of human health and the environment.
"Structural fill" means an engineered fill with
a projected beneficial end use, constructed using soil or coal combustion
by-products spread and compacted with proper equipment and covered with a
vegetated soil cap.
"Sudden event" means a one time, single event
such as a sudden collapse or a sudden, quick release of contaminants to the
environment. An example would be the sudden loss of leachate from an impoundment
into a surface stream caused by failure of a containment structure.
"Surface impoundment or impoundment" means a
facility or part of a facility that is a natural topographic depression,
man-made excavation, or diked area formed primarily of earthen materials
(although it may be lined with man-made materials), that is designed to hold an
accumulation of liquid wastes or wastes containing free liquids and that is not
an injection well.
"SW-846" means Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods, EPA Publication SW-846, Second Edition, 1982
as amended by Update I (April, 1984), and Update II (April, 1985) and the third
edition, November, 1986, as amended.
"Tank" means a stationary device, designed to
contain an accumulation of liquid or semi-liquid components of solid waste that
is constructed primarily of non-earthen materials that provide structural
support.
"TEF" or "Toxicity Equivalency Factor"
means a factor developed to account for different toxicities of structural
isomers of polychlorinated dibenzodioxins and dibenzofurans and to relate them
to the toxicity of 2,3,7,8-tetrachloro
dibenzo-p-dioxin.
"Terminal" means the location of transportation
facilities such as classification yards, docks, airports, management offices,
storage sheds, and freight or passenger stations, where solid waste that is
being transported may be loaded, unloaded, transferred, or temporarily stored.
"Thermal treatment" means the treatment of solid
waste in a device which uses elevated temperature as the primary means to
change the chemical, physical, or biological character, or composition of the
solid waste.
"Tire chip" means a material processed from
waste tires that is a nominal two square inches in size, and ranges from 1/4
inches to 4 inches in any dimension. Tire chips contain no wire protruding more
than 1/4 inch.
"Tire shred" means a material processed from
waste tires that is a nominal 40 square inches in size, and ranges from 4
inches to 10 inches in any dimension.
"Transfer station" means any solid waste storage
or collection facility at which solid waste is transferred from collection
vehicles to haulage vehicles for transportation to a central solid waste
management facility for disposal, incineration or resource recovery.
"Trash" means combustible and noncombustible
discarded materials and is used interchangeably with the term rubbish.
"Treatment" means, for the purpose of this
chapter, any method, technique or process, including but not limited to
incineration, designed to change the physical, chemical or biological character
or composition of any waste to render it more stable, safer for transport, or
more amenable to use, reuse, reclamation or recovery.
"Unadulterated wood" means wood that is not
painted, nor treated with chemicals such as preservatives nor mixed with other
wastes.
"Underground source of drinking water" means an
aquifer or its portion:
A. Which contains water suitable for human consumption; or
B. In which the ground water contains less than 10,000
mg/liter total dissolved solids.
"Unit" means a discrete area of land used for
the management of solid waste.
"Unstable area" means a location that is
susceptible to natural or human-induced events or forces capable of impairing
the integrity of some or all of the landfill structural components responsible
for preventing releases from a landfill. Unstable areas can include poor
foundation conditions, areas susceptible to mass movements, and Karst terranes.
"Uppermost aquifer" means the geologic formation
nearest the natural ground surface that is an aquifer, as well as, lower
aquifers that are hydraulically interconnected with this aquifer within the
facility boundary.
"Used or reused material" means a material which
is either:
A. Employed as an ingredient (including use as an intermediate)
in a process to make a product, excepting those materials possessing distinct
components that are recovered as separate end products; or
B. Employed in a particular function or application as an
effective substitute for a commercial product or natural resources.
"Vector" means a living animal, insect or other
arthropod which transmits an infectious disease from one organism to another.
"Vegetative waste" means decomposable materials
generated by yard and lawn care or land clearing activities and includes, but
is not limited to, leaves, grass trimmings, woody wastes such as shrub and tree
prunings, bark, limbs, roots, and stumps. For more detail see 9VAC20-101.
"Vertical design capacity" means the maximum
design elevation specified in the facility's permit or if none is specified in
the permit, the maximum elevation based on a 3:1 slope from the waste
management unit boundary.
"VPDES ("Virginia Pollutant Discharge
Elimination System")" means the Virginia system for the issuance of
permits pursuant to the Permit Regulation (9VAC25-31), the State Water Control
Law, and § 402 of the Clean Water Act (33 USC § 1251 et seq.).
"Washout" means carrying away of solid waste by
waters of the base flood.
"Waste derived fuel product" means a solid waste
or combination of solid wastes that have been treated (altered physically,
chemically, or biologically) to produce a fuel product with a minimum heating
value of 5,000 BTU/lb. Solid wastes used to produce a waste derived fuel
product must have a heating value, or act as binders, and may not be added to
the fuel for the purpose of disposal. Waste ingredients may not be listed or
characteristic hazardous wastes. The fuel product must be stable at ambient
temperature, and not degraded by exposure to the elements. This material may
not be "Refuse Derived Fuel (RDF)" as defined in 9VAC5-40-890.
"Waste management unit boundary" means the
vertical surface located at the boundary line of the unit. This vertical
surface extends down into the uppermost aquifer.
"Waste needing special handling (special waste)"
means any solid waste which requires extra or unusual management when
introduced into a solid waste management facility to insure protection of human
health or the environment.
"Waste pile" means any non-containerized accumulation
of nonflowing, solid waste that is used for treatment or storage.
"Waste tire" means a tire that has been
discarded because it is no longer suitable for its original intended purpose
because of wear, damage or defect. (See 9VAC20-150 for other definitions
dealing with the waste tire program.)
"Wastewaters" are, for the purpose of this
chapter, wastes that contain less than 1.0% by weight total organic carbon
(TOC) and less than 1.0% by weight total suspended solids (TSS).
"Water pollution" means such alteration of the
physical, chemical, or biological properties of any state water as will or is
likely to create a nuisance or render such waters:
A. Harmful or detrimental or injurious to the public
health, safety, or welfare, or to the health of animals, fish, or aquatic life
or plants;
B. Unsuitable, with reasonable treatment, for use as
present or possible future sources of public water supply; or
C. Unsuitable for recreational, commercial, industrial,
agricultural, or other reasonable uses, provided that:
1. An alteration of the physical, chemical, or biological
properties of state waters or a discharge or deposit of sewage, industrial
wastes, or other wastes to state waters by any owner which by itself is not
sufficient to cause pollution but which in combination with such alteration or
discharge or deposit to state waters by other persons is sufficient to cause
pollution;
2. The discharge of untreated sewage by any person into
state waters; and
3. The contribution to the degradation of water quality standards
duly established by the State Water Control Board;
are "pollution"
for the terms and purposes of this chapter.
"Water table" means the upper surface of the
zone of saturation in ground waters in which the hydrostatic pressure is equal
to the atmospheric pressure.
"Waters of the United States or waters of the
U.S." means:
A. All waters which are currently used, were used in the
past, or may be susceptible to use in interstate or foreign commerce, including
all waters which are subject to the ebb and flow of the tide;
B. All interstate waters, including interstate
"wetlands";
C. All other waters such as intrastate lakes, rivers,
streams (including intermittent streams), mud flats, sand flats,
"wetlands," sloughs, prairie potholes, wet meadows, playa lakes, or
natural ponds the use, degradation, or destruction of which would affect or
could affect interstate or foreign commerce including:
1. Any such waters which are or could be used by interstate
or foreign travelers for recreational or other purposes;
2. Any such waters from which fish or shellfish are or
could be taken and sold in interstate or foreign commerce;
3. Any such waters which are used or could be used for
industrial purposes by industries in interstate commerce;
4. All impoundments of waters otherwise defined as waters
of the United States under this definition;
5. Tributaries of waters identified in subdivisions 1
through 4 of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in subdivisions 1 through 6 of this definition.
"Wetlands" mean those areas that are defined by
the federal regulations under 33 CFR Part 328.
"White goods" means any stoves, washers, hot
water heaters, and other large appliances.
"Working face" means that area within a landfill
which is actively receiving solid waste for compaction and cover.
"Yard waste" means decomposable waste materials
generated by yard and lawn care and includes leaves, grass trimmings, brush,
wood chips, and shrub and tree trimmings. Yard waste shall not include roots or
stumps that exceed six inches in diameter.
Part II
General Information
9VAC20-80-20. [Reserved] (Repealed.)
9VAC20-80-30. Policy.(Repealed.)
It is the policy of the Virginia Waste Management Board to
promote the development of comprehensive waste management programs that include
the following components of a waste management hierarchy:
1. Planning
2. Source Reduction
3. Reuse
4. Reclamation
5. Resource Recovery
6. Incineration
7. Landfilling
9VAC20-80-40. Purpose of chapter.
(Repealed.)
A. The purpose of this chapter is to establish standards
and procedures pertaining to the management of solid wastes, and siting,
design, construction, operation, maintenance, closure, and post-closure care of
solid waste management facilities in this Commonwealth in order to protect the
public health, public safety, the environment, and natural resources.
B. This chapter provides the means for identification of
open dumping of solid waste and provides the means for prevention or
elimination of open dumping of solid waste to protect the public health and
safety and enhance the environment.
C. This chapter sets forth the requirements for
undertaking corrective actions at solid waste management facilities.
9VAC20-80-50. Administration of chapter.
(Repealed.)
A. The Virginia Waste Management
Board promulgates and enforces regulations that it deems necessary to protect
the public health public safety, the environment, and natural resources.
B. The director is authorized and directed to administer
this chapter in accordance with the Virginia Waste Management Act, §§ 10.1-1400
through 10.1-1457 of the Code.
C. At any time this chapter requires the director to
review, approve, disapprove, modify, or amend any application for a permit or
any other submission by an applicant or permittee,
such action by the director shall be taken in a timely manner.
9VAC20-80-60. Applicability of chapter.(Repealed.)
A. This chapter applies to all persons who manage or
dispose of solid wastes as defined in Part III (9VAC20-80-140 et seq.) of this
chapter.
B. All facilities that were permitted prior to March 15,
1993, and upon which solid waste has been disposed of prior to October 9, 1993,
may continue to receive solid waste until they have reached their vertical
design capacity or until the closure date established pursuant to § 10.1-1413.2
of the Code of Virginia, in Table 2.1 provided:
1. The facility is in compliance with the requirements for
liners and leachate control in effect at the time of permit issuance.
2. On or before October 9, 1993, the owner or operator of
the solid waste management facility has submitted to the director:
a. An acknowledgment that the owner or operator is familiar
with state and federal law and regulations pertaining to solid waste management
facilities operating after October 9, 1993, including post-closure care,
corrective action and financial responsibility requirements;
b. A statement signed by a registered professional engineer
that he has reviewed the regulations established by the department for solid
waste management facilities, including the open dump criteria contained
therein, that he has inspected the facility and examined the monitoring data
compiled for the facility in accordance with applicable regulations and that,
on the basis of his inspection and review, he has concluded:
(1) That the facility is not an open dump;
(2) That the facility does not pose a substantial present
or potential hazard to human health and the environment; and
(3) That the leachate or residues from the facility do not
pose a threat of contamination or pollution of the air, surface water or ground
water in a manner constituting an open dump or resulting in a substantial
present or potential hazard to human health or the environment; and
c. A statement signed by the owner or operator:
(1) That the facility complies with applicable financial
assurance regulations; and
(2) Estimating when the facility will reach its vertical
design capacity.
3. Enlargement or closure of these facilities shall conform
with the following subconditions:
a. The facility may not be enlarged prematurely to avoid
compliance with this chapter when such enlargement is not consistent with past
operating practices, the permit or modified operating practices to ensure good
management.
b. The facility shall not dispose of solid waste in any
portion of a disposal area that has received final cover or has not received
waste for a period of one year, in accordance with 9VAC20-80-250 E. The
facility shall notify the department in writing within 30 days when an area has
received final cover or has not received waste for a one-year period, in
accordance with 9VAC20-80-250 E. However, a facility may apply for a permit,
and if approved, can construct and operate a new cell that overlays
("piggybacks") over a closed area in accordance with the permit
requirements of 9VAC20-80-250.
c. The facilities subject to the restrictions in
9VAC20-80-60 B are listed in Table 2.1. The closure dates have already been
established in: Final Prioritization and Closure Schedule for HB 1205 Disposal
Areas (DEQ, September 2001). The publication of these tables is for the
convenience of the regulated community and does not change established dates.
Any facility including, but not limited to, those listed in Table 2.1, must
cease operation if that facility meets any of the open dump criteria listed in
9VAC20-80-180.
d. Those facilities assigned a closure date in accordance
with § 10.1-1413.2 of the Code of Virginia shall designate on a map, plat,
diagram or other engineered drawing, areas in which waste will be disposed in
accordance with Table 2.1. This map or plat shall be placed in the operating
record and a copy shall be submitted upon request to the department in order to
track the progress of closure of these facilities. If the facility already has
provided this information under 9VAC20-80-250, then the facility may refer to
that information.
|
|
|||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1Department of Environmental Quality Regional
Offices:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2This date means the latest date that the
disposal area must cease accepting waste.
3A portion of these facilities operated under HB
1205 and another portion currently is compliant with Subtitle D requirements.
C. Facilities are authorized to expand laterally beyond
the waste boundaries existing on October 9, 1993, as follows:
1. Existing captive industrial landfills.
a. Existing nonhazardous industrial waste facilities that
are located on property owned or controlled by the generator of the waste
disposed of in the facility shall comply with all the provisions of this
chapter except as shown in subdivision 1 of this subsection.
b. Facility owners or operators shall not be required to
amend their facility permit in order to expand a captive industrial landfill
beyond the waste boundaries existing on October 9, 1993. Liners and leachate
collection systems constructed beyond the waste boundaries existing on October
9, 1993 shall be constructed in accordance with the requirements in effect at
the time of permit issuance.
c. Owners or operators of facilities which are authorized
under subdivision 1 of this subsection to accept waste for
disposal beyond the waste
boundaries existing on October 9, 1993, shall ensure that such expanded
disposal areas maintain setback distances applicable to such facilities in
9VAC20-80-270 A.
d. Facilities authorized for expansion in accordance with
subdivision 1 of this subsection are limited to expansion to the limits of the
permitted disposal area existing on October 9, 1993, or the facility boundary
existing on October 9, 1993, if no discrete disposal area is defined in the
facility permit.
2. Other existing industrial waste landfills.
a. Existing nonhazardous industrial waste facilities that
are not located on property owned or controlled by the generator of the waste
disposed of in the facility shall comply with all the provisions of this
chapter except as shown in subdivision 2 of this subsection.
b. Facility owners or operators shall not be required to
amend their facility permit in order to expand an industrial landfill beyond
the waste boundaries existing on October 9, 1993. Liners and leachate
collection systems constructed beyond the waste boundaries existing on October
9, 1993, shall be constructed in accordance with the requirements of
9VAC20-80-270 B.
c. Prior to the expansion of any such facility, the owner
or operator submits to the department a written notice of the proposed
expansion at least 60 days prior to commencement of construction. The notice
shall include recent ground water monitoring data sufficient to determine that
the facility does not pose a threat of contamination of ground water in a
manner constituting an open dump or creating a substantial present or potential
hazard to human health or the environment (see 9VAC20-80-180 B 4). The director
shall evaluate the data included with the notification and may advise the owner
or operator of any additional requirements that may be necessary to ensure
compliance with applicable laws and prevent a substantial present or potential
hazard to health or the environment.
d. Owners or operators of facilities which are authorized
under subdivision 2 of this subsection to accept waste for disposal beyond the
waste boundaries existing on October 9, 1993, shall ensure that such expanded
disposal areas maintain setback distances applicable to such facilities in
9VAC20-80-270 A.
e. Facilities authorized for expansion in accordance with
this subsection are limited to expansion to the limits of the permitted
disposal area existing on October 9, 1993, or the facility boundary existing on
October 9, 1993, if no discrete disposal area is defined in the facility
permit.
3. Existing construction/demolition/debris landfills.
a. Existing facilities that accept only
construction/demolition/debris waste shall comply with all the provisions of
this chapter except as shown in subdivision 3 of this subsection.
b. Facility owners or operators shall not be required to
amend their facility permit in order to expand a construction/demolition/debris
landfill beyond the waste boundaries existing on October 9, 1993. Liners and
leachate collection systems constructed beyond the waste boundaries existing on
October 9, 1993, shall be constructed in accordance with the requirements of
9VAC20-80-260 B.
c. Prior to the expansion of any such facility, the owner
or operator submits to the department a written notice of the proposed
expansion at least sixty days prior to commencement of construction. The notice
shall include recent ground water monitoring data sufficient to determine that
the facility does not pose a threat of contamination of ground water in a
manner constituting an open dump or creating a substantial present or potential
hazard to human health or the environment (see 9VAC20-80-180 B 4). The director
shall evaluate the data included with the notification and may advise the owner
or operator of any additional requirements that may be necessary to ensure
compliance with applicable laws and prevent a substantial present or potential
hazard to health or the environment.
d. Owners or operators of facilities which are authorized
under this subdivision 3 to accept waste for disposal beyond the active portion
of the landfill existing on October 9, 1993, shall ensure that such expanded
disposal areas maintain setback distances applicable to such facilities in
9VAC20-80-260 A and B.
e. Facilities, or portions thereof, which
have reached their vertical design capacity shall be closed in
compliance with 9VAC20-80-260 E.
f. Facilities authorized for expansion in accordance with
subdivision 2 c of this subsection are limited to expansion to the permitted
disposal area existing on October 9, 1993, or the facility boundary existing on
October 9, 1993, if no discrete disposal area is defined in the facility
permit.
4. Facilities or units undergoing expansion in accordance
with the partial exemptions created by subdivision 1 b, 2 b, or 3 b of this
subsection may not receive hazardous wastes generated by the exempt small
quantity generators as defined by the Virginia Hazardous Waste Management
Regulations (9VAC20-60), wastes containing free liquids for disposal on the
expanded portions of the facility. Other wastes that require special handling in
accordance with the requirements of Part VIII (9VAC20-80-630 et seq.) of this
chapter or which contain hazardous constituents which would pose a risk to
health or environment, may only be accepted with specific approval by the
director.
5. Nothing in subdivisions 1 b, 2 b, and 3 b of this
subsection shall alter any requirement for ground water monitoring, financial
responsibility, operator certification, closure, post-closure care, operation,
maintenance or corrective action imposed under this chapter, or impair the
powers of the director to revoke or amend a permit pursuant to § 10.1-1409 of
the Virginia Waste Management Act or Part VII (9VAC20-80-480 et seq.) of this
chapter.
D. An owner or operator of a previously unpermitted
facility that managed materials previously exempt from this chapter shall
submit a complete application for a solid waste management facility permit or a
permit amendment in accordance with Part VII of this chapter within six months
after these materials have been defined or identified as solid wastes. If the
director finds that the application is complete, the owner or operator may
continue to manage the newly defined or identified waste until a permit or
permit amendment decision has been rendered or until a date two years after the
change in definition whichever occurs sooner, provided however, that in so
doing he shall not operate or maintain an open dump, a hazard, or a nuisance.
The owner or operator of an existing solid waste
management facility shall comply with this regulation beginning September 24,
2003. Where necessary conflicts exist between the existing facility permit and
the new requirements of the regulations, the regulations shall supersede the
permit except where the standards in the permit are more stringent than the
regulation. Language in an existing permit shall not act as a shield to
compliance with the regulation, unless a variance to the regulations has been
approved by the director in accordance with the provisions of Part IX
(9VAC20-80-730 et seq.) of this chapter. Existing facility permits will not be
required to be updated to eliminate requirements conflicting with the
regulation, except at the request of the director or if a permit is amended for
another reason. However, all sanitary landfills and incinerators that accept
waste from jurisdictions outside of Virginia must submit the materials required
under 9VAC20-80-113 D by March 22, 2004.
E. Conditional exemptions. The following solid waste
management practices are exempt from this chapter provided no open dump,
hazard, or public nuisance is created:
1. Composting of sewage sludge at the sewage treatment
plant of generation without addition of other types of solid wastes.
2. Composting of household waste generated at a
single-family residence at the site of generation.
3. Composting activities performed for educational purposes
as long as no more than five tons of materials are on site at any time. Greater
quantities will be allowed with suitable justification presented to the
department. For quantities greater than five tons approval from the director
will be required prior to composting.
4. Management of wastes regulated by the State Board of
Health, the State Water Control Board, or any other state agency with such
authority.
5. On-site management of soil contaminated with petroleum
products required as part of an ongoing corrective action by the department
under Article 9 (§ 62.1-44.34:8 et seq.) or Article 11 (§ 62.1-44.34:14 et
seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. Management of the
contaminated soils away from the site of generation is subject to this chapter
unless specifically provided for in the approved corrective action plan.
6. Management of solid waste in appropriate containers at
the site of its generation, provided that:
a. Putrescible waste is not stored more than seven days
between time of collection and time of removal for disposal; and
b. All nonputrescible wastes that are on a system of
regularly scheduled collection for disposal with collections occurring at
intervals of less than 90 days.
7. Landfilling of solid waste which includes only rocks,
brick, block, dirt, broken concrete and road pavement and which contains no
paper, yard, or wood wastes.
8. On-site management of solid wastes generated by the
wastewater treatment facilities provided such management is subject to a
regulation promulgated by the State Water Control Board.
9. Placing of stumps and other land clearing debris from
agricultural or forestal activities on site of the clearing where no debris is
accepted from off-site. This does not include the burial of these materials.
10. Placing of solid wastes including large tires from
mining equipment from mineral mining activities on a mineral mining site in
compliance with a permit issued by the Department of Mines, Minerals and Energy
where no such waste is accepted from off-site and does not contain any
municipal solid wastes or other special wastes. Placement of such solid wastes
shall be accomplished in an environmentally sound manner.
11. Storage of less than 100 waste tires at the site of
generation provided that no waste tires are accepted from off-site and that the
storage will not present a hazard or a nuisance.
12. The storage of land clearing debris including stumps
and brush, clean wood wastes, log yard scrapings consisting of a mixture of
soil and wood, cotton gin trash, peanut hulls and similar organic wastes that
do not readily decompose, in piles are exempt from this chapter if they meet
the following conditions at a minimum:
a. The wastes are managed in the following manner:
(1) They do not cause discharges of leachate, or attract
vectors.
(2) They cannot be dispersed by wind and rain.
(3) Combustion and fire are prevented.
(4) They do not become putrescent.
b. Any facility storing waste materials under the
provisions of this section obtains a storm water discharge permit if they are
considered a significant source under the provisions of 9VAC25-31-120 A 1 e.
c. No more than an total of 1/3
acre of waste material is stored on-site and the waste pile does not exceed 15
feet in height above base grade.
d. Siting provisions.
(1) All waste materials are stored at the site of the
industrial activity that produces them.
(2) A 50-foot fire break is maintained between the
wastepile and any structure or treeline.
(3) The slope of the ground within the area of the pile and
within 50 feet of the pile does not exceed 4:1.
(4) No waste material may be stored closer than 50 feet to
any regularly flowing surface water body or river, floodplain, or wetland.
(5) No stored waste materials shall extend closer than 50
feet to any property line.
e. If the industrial activities at the site cease, any
waste stored at the site must be properly disposed in a permitted solid waste
management facility within 90 days. The director can approve longer time frames
with appropriate justification. Justification must be provided in writing no
more than 30 days after ceasing industrial activity at the site.
f. Waste piles that do not meet these provisions are
required to obtain a permit in accordance with the provisions in 9VAC20-80-480
and meet all of the requirements in 9VAC20-80-400. Facilities that do not
comply with the provisions of this subdivision and fail to obtain a permit are
subject to the provisions of 9VAC20-80-90 for unpermitted facilities.
F. This chapter is not applicable to units or facilities
closed in accordance with regulations or permits in effect prior to December
21, 1988, unless releases, as defined in Part I (9VAC20-80-10 et seq.) of this
chapter, from such closed facilities cause the site to be classified as an open
dump, a hazard or a nuisance under § 10.1-1402(21) of the Code of Virginia, or
a site where improper waste management has occurred under § 10.1-1402(19) of
the Code of Virginia.
9VAC20-80-70. Prohibitions. (Repealed.)
A. Management of lead acid batteries.
1. No person shall place a used lead acid battery in mixed
municipal solid waste or discard or otherwise dispose of a lead acid battery
except by delivery to a battery retailer or wholesaler, or to a secondary lead
smelter, or to a collection or reclamation facility authorized under the laws
of this Commonwealth or by the United States Environmental Protection Agency.
2. No battery retailer shall dispose of a used lead acid
battery except by delivery to:
a. The agent of a battery wholesaler or a secondary lead
smelter,
b. A battery manufacturer for delivery to a secondary
smelter, or
c. A collection or reclamation facility authorized under
the laws of this Commonwealth or by the United States Environmental Protection
Agency.
3. No person selling new lead acid batteries at wholesale
shall refuse to accept from customers at the point of transfer, used lead acid
batteries of the type and in a quantity at least equal to the number of new
batteries purchased, if offered by customers.
4. The requirements for proper management of lead acid
batteries are shown in Part VIII of this chapter.
5. The provisions of 9VAC20-80-70 A shall not be construed
to prohibit any person who does not sell new lead acid batteries from
collecting and reclaiming such batteries.
B. Reserved.
9VAC20-80-80. Open dumps. (Repealed.)
A. Prohibition.
1. No person shall own, operate, or allow to be operated on
his property any sanitary landfill or other facility for the disposal, treatment
or storage of solid waste in a manner that constitutes open dumping as provided
for in Part IV (9VAC20-80-170 et seq.) of this chapter.
2. No person shall dispose of solid waste in open dumps as
defined in Part IV of this chapter.
B. Any person who violates subsection A of this section
shall immediately cease accepting additional wastes and shall initiate such
removal, cleanup, closure in place, or alternative remedial actions as are
required by Part IV of this chapter to alleviate the conditions that cause the
facility to be classified as an open dump or to take other appropriate measures
to abate improper management of waste.
9VAC20-80-90. Unpermitted
facilities. (Repealed.)
A. Prohibitions and duties.
1. No person shall operate any sanitary landfill or other
facility for the disposal, treatment or storage of solid waste without a permit
from the director.
2. No person shall allow waste to be disposed of or
otherwise managed on his property without a permit from the director.
3. It shall be the duty of all persons to dispose of or
otherwise manage their solid waste in a legal manner.
B. Any person who violates 9VAC20-80-90 A shall
immediately cease treatment, storage, or disposal of any additional wastes and
shall initiate such removal, cleanup, closure in place, or alternative remedial
actions as are required by Part IV of this chapter.
9VAC20-80-100. Enforcement and appeal.
(Repealed.)
A. All administrative enforcement and appeals taken from
actions of the director relative to the provisions of this chapter shall be
governed by the Virginia Administrative Process Act.
B. The Virginia Waste Management
Board or the director may enforce the provisions of this chapter utilizing all
applicable procedures under the law. The powers of the board and the director
include, but are not limited to, those established under Chapter 11.1 (§
10.1-1182 et seq. (especially in § 10.1-1186)) and in Article 8 (§ 10.1-1455 et
seq.) of Chapter 14 of Title 10.1 of the Code of Virginia. These sections
describe the right of entry for inspections, the issuance of orders, penalties,
injunctions, and other provisions and procedures for enforcement of these
regulations.
9VAC20-80-105. Ten-year permit
review. (Repealed.)
The director shall review and issue written findings on
the environmental compliance history of each permittee, material changes, if
any, in key personnel, and technical limitations, standards, or regulations on
which the original permit was based. The time period for review of each permit
shall be once every 10 years. If, upon such review, the director finds that
repeated material or substantial violations of the permittee or material
changes in the permittee's key personnel would make continued operation of the
facility not in the best interests of human health or the environment, the
director shall amend or revoke the permit, in accordance with provisions of
Part VII (9VAC20-80-480 et seq.) of this chapter. Whenever such review is
undertaken, the director may amend the permit to include additional limitations,
standards, or conditions when the technical limitations, standards, or
regulations on which the original permit was based have been changed by statute
or amended by regulation or when any of the conditions in § 10.1-1409 B of the
Virginia Waste Management Act exist. The director may deny, revoke, or suspend
any permit for any of the grounds listed under § 10.1-1409 A of the Code of
Virginia.
1. For facilities in existence prior to July 1, 1991, the
first review will be completed by July 1, 2001.
2. For facilities permitted on or after July 1, 1991, the
first review must be completed within 10 years of the anniversary date of
permit issuance.
3. For facilities that have previously undergone review,
each subsequent review will be at least once every 10 years.
9VAC20-80-110. Public participation.
(Repealed.)
A. All permits for solid waste management facilities will
be subject to public participation, as specified in Part VII (9VAC20-80-480 et
seq.) of this chapter.
B. Amendments or modifications to solid waste management
facility permits shall be subject to public participation in accordance with
Part VII of this chapter.
C. Dockets of all permitting actions, enforcement actions,
and administrative actions relative to this chapter shall be available to the
public for review, consistent with the Commonwealth of Virginia Administrative
Process Act, Virginia Freedom of Information Act, and the provisions of this
chapter.
D. All reports and related materials received from the
regulated entity, as required by this chapter, shall be open to the public for
review in accordance with the Virginia Freedom of Information Act (§ 2.2-3700
et seq. of the Code of Virginia) and Uniform Trade Secrets Act (§ 59.1-336 et
seq. of the Code of Virginia).
E. Public participation in the compliance evaluation and
enforcement programs is encouraged. The department will:
1. Investigate all citizen complaints and provide written
responses to all signed, written complaints from citizens, concerning matters
within the board's purview;
2. Not oppose intervention by any citizen in a suit brought
before a court by the department as a result of the enforcement action; and
3. Publish a notice in major daily or weekly newspaper of
general circulation in the area and on the department's Internet web site; and
provide at least 30 days of public comment on proposed settlements of civil
enforcement actions except where the settlement requires some immediate action.
Where a public comment period is not held prior to the settlement of an enforcement
action, public notice will still be provided following the settlement.
9VAC20-80-113. Control program for
unauthorized waste. (Repealed.)
A. All facilities are required to implement a control
program for unauthorized waste in accordance with the provisions of this
section by November 19, 2001. A written description of the program required by
this section will be placed in the operating record. In the case of sanitary
landfills the written description will also incorporate the unauthorized waste
inspection program required under 9VAC20-80-250 C 1. Additional provisions for
sanitary landfills and incinerators required in subsection D of this section
under Amendment 3 of this regulation are required to be placed in the
facility's operating record by March 22, 2004. The facility owner or operator
shall institute a control program (including measures such as signs at all
maintained access points indicating hours of operation and the types of solid
waste accepted and not accepted, monitoring, alternate collection programs,
passage of local laws, etc.) to assure that only solid waste authorized by the
department to be treated, disposed of or transferred at the facility is being
treated, disposed of or transferred at that facility. The facility owner or
operator must develop and implement a program to teach the facility's staff to
recognize, remove and report receipt of solid waste not authorized by the
department to be treated, disposed of or transferred at the facility.
B. If solid waste not authorized by the department to be
treated, disposed of or transferred at the facility is observed in the solid
waste at the facility or delivered to the facility, the facility owner or
operator may refuse to accept the waste. If the owner or operator has accepted
the waste, the owner or operator shall remove it, segregate it, and provide to
the department a record identifying that waste and its final disposition.
Records of each incident shall be available for department review. Any
unauthorized waste accepted by the facility owner or operator shall be managed
in accordance with applicable federal or state laws and regulations.
C. Solid waste not authorized by the department to be
treated, disposed of or transferred at the facility that is segregated shall be
adequately secured and contained to prevent leakage or contamination of the
environment. The facility owner or operator shall cause it to be removed as
soon as practicable, but not to exceed 90 days after discovery, by a person
authorized to transport such waste to a facility approved to receive it for
treatment, disposal or transfer.
D. Facilities receiving waste generated outside of
Virginia. Each sanitary landfill or incinerator receiving waste generated
outside Virginia shall include provisions in the facility's unauthorized waste
control program for notifying customers outside of Virginia of Virginia's
requirements and for preventing the acceptance of prohibited wastes. Each
sanitary landfill or incinerator receiving waste generated in jurisdictions
having laws and regulations that allow treatment or disposal of wastes in
municipal solid waste facilities that Virginia's laws and regulations prohibit
or restrict from management in sanitary landfills or incinerators shall submit
to the department information on the regulation of waste for each of these
jurisdictions in accordance with this subsection and shall comply with the
increased random inspection provisions in 9VAC20-80-250 C 1 b or 9VAC20-80-370
C 3 as applicable. This information shall be submitted to the department by
March 22, 2004.
1. Facilities receiving waste from outside of Virginia must
notify the department and submit information indicating how each jurisdiction
regulates the following wastes:
a. Regulated medical waste. Provide information indicating
the treatment requirements for waste regulated under the OSHA bloodborne
pathogen standard. Indicate which types of potentially infectious wastes are
banned from municipal solid waste facilities and how blood, body fluids and
other potentially contaminated items generated at hospitals and doctor's
offices must be treated prior to disposal at a municipal solid waste landfill
or incinerator.
b. Conditionally exempt small quantity generator waste
(CESQG). Provide information indicating the disposal requirements for waste
regulated as CESQG waste. Indicate if CESQG wastes can be discarded by a
generator in the municipal solid waste stream in the generating jurisdiction or
can be accepted at a municipal solid waste management facility.
c. PCB waste. Provide information indicating the disposal
requirements for PCB bulk product waste, PCB remediation waste, PCB
contaminated electrical equipment and other PCB wastes.
If the department has reviewed the regulatory structure and
made a determination related to the subject generating jurisdiction pursuant to
the provisions of subdivision 2 of this subsection, then this information need
not be submitted with the notification.
2. On or before July 1 of each year, the department will
review the regulatory requirements for the generating jurisdictions identified
in the Solid Waste Information and Assessment Program and publish a listing of
those jurisdictions whose laws and regulations allow for the treatment or
disposal of waste in municipal solid waste facilities that Virginia's laws and
regulations prohibit or restrict from management sanitary landfills or
incinerators with reference to the wastes listed in subdivision 1 of this
subsection.
9VAC20-80-115. Solid Waste Information and
Assessment Program. (Repealed.)
A. The owners or operators of all permitted solid waste
management facilities that treat, store, or dispose of solid waste shall report
by March 31 of each year the amount of solid waste, by weight or volume,
received and managed by the facility during the preceding calendar year. The
report shall identify solid waste by the following categories: (i) municipal
solid waste; (ii) construction and demolition debris; (iii) industrial waste;
(iv) regulated medical waste; (v) vegetative and yard waste; (vi) incinerator
ash; (vii) sludge other than sludge that is land applied in accordance with §
32.1-164.5 of the Code of Virginia; (viii) tires; (ix) white goods; (x) friable
asbestos; (xi) petroleum contaminated soil; and (xii) other special waste. For
each such category the report shall include an estimate of the amount that was
generated outside of the Commonwealth and the state or local jurisdictions
where such waste originated. The report shall also estimate the amount of solid
waste managed or disposed of by each of the following methods: (a) recycling;
(b) composting; (c) landfilling; (d) incineration (e) sending off-site for
further management; and (f) stored on site on December 31 of the reporting
year. Information on the available capacity and expected life of the
facilities, at the disposal rates submitted in this subsection, shall be
included in the annual report required by this section.
B. At the option of the facility owner, the data collected
may include an accounting of the facility's economic benefits to the locality
where the facility is located including the value of disposal and recycling
facilities provided to the locality at no cost or reduced cost, direct
employment associated with the facility, and other economic benefits resulting
from the facility during the preceding calendar year.
C. No facility shall be required pursuant to this section
to provide information that is a trade secret as defined in § 59.1-336 of the
Code of Virginia.
D. The reporting form to be used to fulfill the reporting
requirement of this part is Form DEQ 50-25 (Solid Waste Information and
Assessment Program—Reporting Table), which is also available in the Regulations
for the Development of Solid Waste Management Plans (9VAC20-130).
E. This section shall not apply to captive waste
management facilities including captive industrial landfills.
9VAC20-80-120. Relationship with other
regulations promulgated by the Virginia Waste Management Board. (Repealed.)
A. Virginia Hazardous Waste Management Regulations
(9VAC20-60).
1. Solid wastes that have been declared hazardous by the
generator in accordance with 40 CFR 262.11 or that are regulated as hazardous
wastes by the Commonwealth or another state, and will be treated, stored, or
disposed in Virginia shall be managed in accordance with the requirements of
9VAC20-60 and not this chapter.
2. Wastes generated by generators who are conditionally
exempt pursuant to 40 CFR 261.5 may be managed in solid waste management
facilities provided that:
a. (1) A specific approval is obtained from the director
for acceptance of the material at a facility with an approved liner and
leachate collection system; or
(2) It is included in the facility permit; and
b. Records are kept of the actual amount, type and source
of these wastes.
NOTE: "Generators who are conditionally exempt
pursuant to 40 CFR 261.5 in a calendar month are
persons who generate less than 100 kilograms of hazardous waste in that month.
For more detail see Virginia Hazardous Waste Management Regulations.
B. Regulated Medical Waste Management Regulations
(9VAC20-120). Solid wastes which are defined as regulated medical wastes by the
Regulated Medical Waste Management Regulations shall be managed in accordance
with those regulations. Regulated medical wastes which are excluded or exempt
by 9VAC20-120 shall be regulated by this chapter.
C. Vegetative Waste Management and Yard Waste Composting
Regulations (9VAC20-101). Solid wastes which are defined as vegetative or yard
waste may be managed in accordance with the Vegetative Waste Management and
Yard Waste Composting Regulations.
D. Regulation Governing Management of Coal Combustion
By-Products (9VAC20-85). Coal combustion by-products that are used, reused or reclaimed by applying them or placing them
on land in a manner other than addressed in 9VAC20-80-150 or 9VAC20-80-160, may
be managed in accordance with Regulation Governing Management of Coal
Combustion By-Products.
E. Financial Assurance Regulations of Solid Waste
Disposal, Transfer, and Treatment Facilities (9VAC20-70). This chapter
specifies the requirements for financial assurance and allowable financial
assurance mechanisms.
F. Solid Waste Management Facility Permit Application Fees
(9VAC20-90). All applicants for solid waste management facility permits are
required to pay a fee in accordance with the schedule shown in this chapter.
G. Regulations for the Development of Solid Waste
Management Plans (9VAC20-130). This chapter provides procedures and standards
for establishing the boundaries of planning regions, provides a schedule of
objectives for development of plans and planning goals, establishes required
contents of plans and provides reporting requirements for the Solid Waste
Information Assessment Program.
Part III
Identification of Solid Wastes
9VAC20-80-130. Purpose and scope.
(Repealed.)
Wastes identified in Part III are solid wastes which are
subject to this chapter.
9VAC20-80-140. Definition of solid waste.
(Repealed.)
A. A solid waste is any discarded material.
B. Materials are solid wastes if they are used, reused, or
reclaimed, or accumulated, stored or treated before such use, reuse, or
reclamation, when they are:
1. Regulated as hazardous wastes under the Virginia
Hazardous Waste Management Regulations (9VAC20-60);
2. Used in a manner constituting disposal by being:
a. Applied to or placed on the land; or
b. Used to produce products that are applied to or placed
on the land or are otherwise contained in products that are applied to or
placed on the land. In the latter case, the product so containing remains a
solid waste; or
3. Burned to recover energy, used to produce fuel, or are
contained in fuels. In this case, the fuel so containing remains a solid waste;
4. Reclaimed; or
5. Accumulated speculatively (see "speculatively
accumulated material" in 9VAC20-80-10).
C. The materials listed in Table 3-1-1, Appendix 3.1, of the Virginia Hazardous Waste Management Regulations
(9VAC20-60) under Waste Numbers F020, F021, F022, F023, F026, F028 as
inherently waste-like are solid wastes.
D. Respondents in actions to enforce these regulations who
raise a claim that a certain material is not a solid waste, or is conditionally
exempt from regulation, shall demonstrate that there is a known market or
disposition for the material, and that they meet the terms of the exclusion or
exemption. In doing so, they shall provide appropriate documentation (such as
contracts showing that a second person uses the material as an ingredient in a
production process) to demonstrate that the material is not a waste, or is exempt
from regulation. In addition, owners or operators of facilities claiming that
they actually are recycling materials shall show that they have the necessary
equipment to do so.
9VAC20-80-150. Exclusions. (Repealed.)
The materials described in this section are not solid
wastes for the purposes of this chapter.
A. Waste waters that are:
1. Domestic sewage;
2. Any mixture of domestic sewage and other wastes that
pass through a sewer system to a treatment plant when the State Water Control
Board determines that regulations based upon the State Water Control Law,
Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia, have
been met; or
3. Industrial waste water discharges subject to regulation
under the State Water Control Law.
B. Irrigation flow returns.
C. Source, special nuclear or nuclear by-product materials
as defined by the Atomic Energy Act of 1954, 42 USC § 2011 et seq.
D. Materials subjected to in-situ mining techniques which
are not removed from the ground as part of the extraction process.
E. Materials that are:
1. a. Used or reused, or prepared for use or reuse, as an
ingredient in an industrial process to make a product, or as effective
substitutes for commercial products or natural resources provided the materials
are not being reclaimed or accumulated speculatively; or
b. Returned to the original
process from which they are generated;
2. Beneficially used as determined by the department.
a. The following materials and uses listed in this part are
exempt from this chapter as long as they are managed so they do not create an
open dump, hazard, or public nuisance. These materials and the designated use
are considered a beneficial use of waste materials:
(1) Unadulterated wood, wood chips, or bark from land
clearing, logging operations, utility line clearing and maintenance operations,
pulp and paper production, and wood products manufacturing, when these
materials are placed in commerce for service as mulch, landscaping, animal
bedding, erosion control, habitat mitigation, wetlands restoration, or bulking
agent at a compost facility operated in compliance with 9VAC20-80-330;
(2) Unadulterated wood combustion residues when used as a
soil amendment or fertilizer, provided the application rate of the wood ash is
limited to the nutrient need of the crop grown on the land on which the wood
combustion residues will be applied and provided that such application meets
the requirements of the Virginia Department of Agriculture and Consumer
Services (2VAC5-400 and 2VAC5-410);
(3) Compost that satisfies the applicable requirements of
the Virginia Department of Agriculture and Consumer Services (2VAC5-400 and
2VAC5-410);
(4) Nonhazardous, contaminated soil which has been
excavated as part of a construction project and which is used as backfill for
the same excavation or excavations containing similar contaminants at the same
site, at concentrations at the same level or higher. Excess materials from
these projects are subject to the requirements of this chapter;
(5) Nonhazardous petroleum contaminated soil which has been
treated to the satisfaction of the department in accordance with 9VAC20-80-700;
(6) Nonhazardous petroleum contaminated soil when
incorporated into asphalt pavement products;
(7) Solid wastes which are approved in advance of the
placement, in writing, by the department or which are specifically mentioned in
the facility permit for use as daily cover material or other protective
materials for landfill liner or final cover system components;
(8) Fossil fuel combustion products when used as a material
in the manufacturing of another product (e.g., concrete, concrete products,
lightweight aggregate, roofing materials, plastics, paint, flowable fill) or as
a substitute for a product or material resource (e.g., blasting grit, roofing
granules, filter cloth precoat for sludge dewatering, pipe bedding);
(9) Waste tire chips when used as a subbase fill for road
base materials or asphalt pavements when approved by the Virginia Department of
Transportation or by a local governing body;
(10) Waste tires used in the production of commercial
products such as mats, pavement sealers, playground surfaces, brake pads,
blasting mats, and other rubberized commercial products;
(11) Waste tire chips when used as backfill in landfill gas
or leachate collection pipes, recirculation lines, and drainage material in
landfill liner and cover systems, and gas interception or remediation
applications;
(12) Waste tires, tire chips or tire shred when burned for
energy recovery or pyrolyzed to produce fuel;
(13) "Waste derived fuel product," as defined in
9VAC20-80-10, derived from nonhazardous solid waste; and
(14) Recognizable, uncontaminated concrete and concrete
products, asphalt pavement, brick, glass, soil and rock placed in commerce for
service as a substitute for conventional aggregate.
b. In addition to items specified in subdivision 2 a of this subsection, the department may consider other
waste materials and uses to be beneficial. The generator or proposed user of
such materials may request that the department make a case-specific
determination that the solid waste may be beneficially used in a manufacturing
process to make a product or as an effective substitute for a commercial
product. In all such cases, the materials will be managed so they do not create
an open dump, hazard, or public nuisance.
(1) The requestor shall provide the following information:
(a) A description of the solid waste under review and its
proposed use;
(b) Chemical and physical characteristics of the solid
waste under review and of each type of proposed product;
(c) A demonstration that there is a known or reasonably
probable market for the intended use of the solid waste under review and of all
proposed products by providing one or more of the following:
(i) A description of how the proposed product will be used;
(ii) A demonstration that the proposed product complies
with industry standards and specifications for that product if any; or
(iii) Other documentation that a market for the proposed
product or use exists; and
(d) A demonstration that the management of the solid waste
under review will not adversely affect human health and safety, the
environment, and natural resources by providing:
(i) A solid waste control plan that describes the
following:
(A) The source of the solid waste under review;
(B) Procedures for periodic testing of the solid waste
under review and the proposed product to ensure that the proposed product's
composition has not changed significantly;
(C) The disposition of any solid waste which may result
from the manufacture of the product into which the solid waste under review is
intended to be incorporated;
(D) A description of the type of storage (e.g., container,
tank or pile) and the maximum anticipated inventory of the solid waste under
review (not to exceed 90 days) before being used;
(E) Procedures for run-on and run-off control of the
storage areas for the solid waste under review; and
(F) A program and implementation schedule of best
management practices designed to minimize uncontrolled dispersion of the solid
waste under review before and during all aspects of its storage as inventory
and/or during beneficial use; and
(ii) A contingency plan that contains the following
information:
(A) A description of arrangements between the applicant and
local police departments, fire departments, hospitals, and emergency response
teams to coordinate emergency services and familiarize them with the layout of
the facility, properties of the solid waste handled and associated hazards, as
appropriate;
(B) A list of names, addresses and telephone numbers of all
individuals qualified to act as an emergency coordinator for the facility;
(C) A list of all relevant emergency equipment and the
location of each item; and
(D) An evacuation plan for facility personnel.
(2) Upon receipt of complete information required under
subdivision 2 b (1) of this subsection, the department will determine in
writing within 90 days, on a case-by-case basis, whether the proposal
constitutes a beneficial use based on a showing that all of the following
criteria have been met:
(a) The proposed use of the material constitutes a reuse
rather than disposal;
(b) For a material which is proposed for incorporation into
a manufacturing process, the material is not required to be decontaminated or
otherwise specially handled or processed before such incorporation, in order to
minimize loss of material or to provide adequate protection, as needed, of
public health, safety or welfare, the environment or natural resources; and
(c) Other criteria as the department shall determine in its
discretion to be appropriate. Conversely, the department may determine that
owing to the nature of the use, reuse, or reclamation process, some of the
informational materials required under subdivision 2 b (1) of this subsection
may not be required to make the determination.
(3) The department will either approve
the request, disapprove it, or allow the proposed use of the solid waste under
review subject to such conditions as the department may impose. When granting a
beneficial use determination, the department shall determine, on a case-by-case
basis, the precise point at which the solid waste under review ceases to be
solid waste. Unless otherwise determined for the particular solid waste under
review, that point occurs when it is used in a manufacturing process to make a
product or used as an effective substitute for a commercial product or a fuel.
As part of its request, the generator or the proposed user may request that
such point occur elsewhere. In such a request, the proponent shall include a
demonstration that there is little potential for improper disposal of the
material or little potential for the handling, transportation, or storage of
the solid waste under review to have an adverse impact upon the public health,
safety or welfare, the environment or natural resources.
(4) The department may revoke any determination made if it
finds that one or more of the items of information submitted serving as the
basis for the department's determination was incorrect or is no longer valid,
the department finds that there has been a violation of any condition that the
department attached to such determination, or that the use, reuse or
reclamation process has become a public nuisance.
c. Beneficial use determinations granted by the department
before May 23, 2001, shall remain in effect, subject to all conditions
contained therein, unless specifically addressed by subsequent department
action.
F. Materials generated by any of the following, which are
returned to the soil as fertilizers:
1. The growing and harvesting of agricultural crops.
2. The raising and husbanding of animals, including animal
manures and used animal bedding;
G. Mining overburden returned to the mine site.
H. Scrap metal stored or being reclaimed for use, reuse or
further reclamation.
I. Used, reused, or reclaimed commercial chemical products
if they are applied to the land in their ordinary manner of use or if they are
fuels.
J. Products produced for the general public's use that are
used in the manner that constitutes disposal if they are applied to the land in
their ordinary manner of use and that contain used, reused or reclaimed
materials.
K. Wood wastes burned for energy recovery.
9VAC20-80-160. Conditional exemptions.
(Repealed.)
A. The following solid wastes are exempt from this chapter
provided that they are managed in accordance with the requirements promulgated
by other applicable state agencies:
1. Drilling fluids, produced waters, and other wastes
associated with the exploration, development or production of crude oil,
natural gas or geothermal energy;
2. Solid waste from the extraction, beneficiation and
processing of ores and minerals, including coal;
3. Fossil fuel combustion products used for mine reclamation,
mine subsidence, or mine refuse disposal on a mine site permitted by the
Virginia Department of Mines, Minerals and Energy when used in accordance with
the standards developed by the Department of Environmental Quality;
4. Waste or by-product derived from an industrial process
that meets the definition of fertilizer, soil amendment, soil conditioner or
horticultural growing medium as defined in § 3.1-106.2 of the Code of Virginia,
or whose intended purpose is to neutralize soil acidity (see § 3.1-126.2:1 of
the Code of Virginia), and that is regulated under the authority of the
Virginia Department of Agriculture and Consumer Services;
5. Fossil fuel combustion products bottom ash or boiler
slag used as a traction control material or road surface material if the use is
consistent with Virginia Department of Transportation practices;
6. Waste tires generated by and stored at salvage yards
licensed by the Department of Motor Vehicles provided that they do not pose a
hazard or a nuisance; and
7. Chipped waste tires used as the drainage material in
construction of septage drainfields regulated under the authority of the
Virginia Department of Health.
B. Fossil fuel combustion products are exempt from this
chapter provided they are used in one or more of the following applications or
when handled, processed, transported, or stockpiled for such use:
1. Used as a base, sub-base or fill material under a paved
road, the footprint of a structure, a paved parking lot, sidewalk, walkway or
similar structure, or in the embankment of a road. In the case of roadway
embankments, materials will be placed in accordance with VDOT specifications,
and exposed slopes not directly under the surface of the pavement must have a
minimum of 18" of soil cover over the fossil fuel combustion products, the
top six inches of which must be capable of sustaining the growth of indigenous
plant species or plant species adapted to the area;
2. Processed with a cementitious binder to produce a
stabilized structural fill product which is spread and compacted with proper
equipment for the construction of a project with a specified end use;
3. Used for the extraction or recovery of materials and
compounds contained within the fossil fuel combustion products.
NOTE 1: Residuals from the processing operations remain
solid wastes.
NOTE 2: The use of fossil fuel combustion products
outlined in this regulation has been evaluated only with regard to the
protection of human health and the environment. A qualified professional
engineer should evaluate any structural application of fossil fuel combustion
products.
C. The following solid wastes are exempt from this chapter
provided that they are reclaimed or temporarily stored incidentally to
reclamation, are not accumulated speculatively, and are managed without
creating an open dump, hazard or a public nuisance:
1. Paper and paper products;
2. Unadulterated wood waste which is to undergo size
reduction in order to produce mulch;
3. Cloth;
4. Glass;
5. Plastics;
6. Waste tire chips; and
7. Mixtures of above materials only. Such mixtures may
include scrap metals excluded from regulation in accordance with the provisions
of 9VAC20-80-150 H.
Part IV
Management of Open Dumps and Unpermitted Facilities
9VAC20-80-170. Purpose and scope.
(Repealed.)
A. This part sets forth the criteria and standards that
will be used to:
1. Determine whether a site on which solid waste has been
placed, discharged, deposited, injected, dumped, or spilled creates a
substantial present or potential hazard to human health or the environment
including the pollution of air, land, surface water or ground water; and
2. Prescribe the requirements for cleanup and corrective
action for remediation of releases, as defined in Part I (9VAC20-80-10 et seq.)
of this chapter, that may occur as the result of
improper management of solid wastes.
B. The requirements in this part apply to all sites and
practices used in management of solid waste with the following exceptions:
1. The requirements do not apply to sites that solely manage
wastes that are excluded under 9VAC20-80-150.
2. The requirements do not apply to the land application of
domestic sewage, septage, or waste treatment sludges from publicly owned waste
treatment works regulated by the State Water Control Board and the Department
of Health.
3. The criteria requirements do not apply to hazardous
waste management facilities regulated under Virginia Hazardous Waste Management
Regulations (9VAC20-60).
C. The requirements of this part do not apply to the
persons actively enrolled in the Voluntary Remediation Program (9VAC20-160).
9VAC20-80-180. Open dump criteria.
(Repealed.)
A. Municipal solid waste landfill units failing to satisfy
the federal Solid Waste Disposal Facility Criteria contained in 40 CFR Part 258
constitute open dumps, which are prohibited under § 4005 of the federal
Resource Conservation and Recovery Act. For the purposes of this part, the
municipal solid waste landfill unit (MSWLF) means a discrete area of land or an
excavation that receives or has received after October 9, 1991, household
waste, and that is not a land application unit, surface impoundment, injection
well, or waste pile, as those terms are defined in Part I (9VAC20-80-10 et
seq.) of this chapter. A MSWLF unit also may receive other types of
nonhazardous solid wastes, such as commercial solid waste, nonhazardous sludge,
nonhazardous industrial solid waste, and hazardous waste from conditionally
exempt small quantity generators as provided for in 9VAC20-60-261 B 5.
B. Any site, other than a municipal solid waste landfill
as defined in subsection A of this section, that meets any of the following
criteria shall be classified as an open dump:
1. Floodplains. Sites or practices in floodplains that
restrict the flow of the base flood, reduce the temporary water storage
capacity of the floodplain, or result in washout of solid waste, so as to pose
a potential hazard to human life and wildlife or to cause a potential for
contamination of land or water resources.
2. Endangered species.
a. Sites or practices that cause or contribute to the
taking of any endangered or threatened species of plants, fish or wildlife.
b. The site or practice that results in the destruction or
adverse modification of the critical habitat of endangered or threatened species
as identified in 50 CFR Part 17.
c. As used in this section:
(1) "Endangered or threatened species" means any
species listed as such pursuant to section 4 of the Endangered Species Act.
(2) "Destruction or adverse modification" means a
direct or indirect alteration of critical habitat which appreciably diminishes
the likelihood of the survival and recovery of threatened or endangered species
using that habitat.
(3) "Taking" means harassing, harming, pursuing,
hunting, wounding, killing, trapping, capturing, or collecting or attempting to
engage in such conduct.
3. Surface water.
a. A site that causes a discharge of pollutants into state
waters that is in violation of the requirements of the Virginia Pollutant
Discharge Elimination System.
b. A site that causes a discharge of dredged material or
fill material to state waters or to the waters of the United States that is in
violation of the requirements under § 404 of the Clean Water Act as amended.
c. A site or practice that causes non-point source
pollution of state waters that violates applicable legal requirements
implementing a basin wide water quality management plan that has been developed
and approved under § 303 e of the Clean Water Act.
d. A site or practice that violates Virginia Pollution
Abatement Permit issued by the State Water Control Board.
4. Ground water.
a. A site or practice that contaminates an underground
drinking water source beyond the solid waste boundary or beyond an alternative
boundary specified.
b. For the purposes of this part, a party in violation with
these provisions may demonstrate that compliance should be determined at an
alternative boundary instead of the solid waste boundary. The director may
establish an alternative boundary if he finds that such a change would not
result in contamination of ground water which may be needed or used for human
consumption. This finding shall be based on analysis and consideration of all
the following relevant factors:
(1) The hydrological characteristics of the site and surrounding
land, including any natural attenuation and dilution characteristics of the
aquifer;
(2) The volume and physical and chemical composition of the
leachate;
(3) The quantity, quality, and direction of flow of ground
water underlying the site;
(4) The proximity and withdrawal rates of ground water
users;
(5) The availability of alternative drinking water
supplies;
(6) The existing quality of ground water, including other
sources of contamination and their cumulative impacts on the ground water;
(7) Public health, safety, and welfare effects;
(8) Other factors as allowed by the director.
c. As used in this section, "contaminate" means
to introduce a substance that would cause:
(1) The concentration of that substance in the ground water
to exceed the maximum contaminant level as specified by the federal Safe
Drinking Water Act (42 USC 300f et seq.), as amended; or
(2) An increase in the concentration of that substance in
the ground water where the existing concentration of that substance exceeds the
maximum contaminant level.
5. Application to land. Land application
of solid wastes such as sewage sludge in violation of Virginia Sewerage
Regulations or other regulations of the State Water Control Board.
6. Disease.
a. Vectors. A site where operation or practices exist that
cause or contribute to the on-site population of disease vectors such that a
potential threat to public health or environment is created.
b. Septage. Disposal of septage removed from residential
septic tanks in sites not regulated by the Virginia Department of Health or the
State Water Control Board.
7. Open burning.
a. The site or practice that engages in open burning of
residential, commercial, institutional or industrial solid waste.
b. The following practices are conditionally exempt from
this requirement:
(1) Infrequent burning of land clearing debris provided
that the requirements of Article 40 (9VAC5-40-5600 et seq.) of Part II of 9VAC5
Chapter 40 have been met and any permits by applicable local authorities have
been obtained;
(2) Burning of debris from emergency clean-up operations
provided that emergency permits have been obtained from the department;
(3) Infrequent burning of agricultural wastes in the field
or silvicultural wastes for forest management purposes as specified in
9VAC5-40-5631;
(4) Burning rubber tires, asphaltic materials, crankcase
oil, impregnated wood or other rubber- or petroleum-based wastes when
conducting bona fide fire fighting instruction at fire fighting training
schools having permanent facilities;
(5) Burning for training and instruction of government and
public fire fighters under supervision of the designated official and
industrial in-house fire fighting personnel with clearance from the local fire
fighting authority, provided the designated official in charge notifies and
obtains approval of the regional director of the department prior to conducting
the training exercise;
(6) Burning of leaves and tree, yard and garden trimmings
on the site of generation, provided that in urban areas no scheduled public or
private collection service for such trimmings is available at the adjacent
street or public road (see also 9VAC5-40-5630);
(7) Burning for the destruction of classified military
documents;
(8) Burning or other thermal treatment of ordnance,
explosives, or other unstable materials provided appropriate permits have been
obtained from the department pursuant to 9VAC20-60 or Part VII (9VAC20-80-480
et seq.) of this chapter; and
(9) Burning or other treatment of hazardous waste allowed
under the Virginia Hazardous Waste Management Regulations.
(10) Burning household refuse by homeowners or tenants
provided that no regularly scheduled public or private collection service for
such refuse is available at the adjacent street or public road.
Note: State Air Pollution Control Board's Emission
Standards for Open Burning (Rule 4-40) provide for certain exemptions from open
burning prohibitions. As indicated in 9VAC5-40-5620 E and F, exemptions under
air regulation do not relieve an individual from complying with other
applicable laws and ordinances, including the Solid Waste Management
Regulations.
8. Safety.
a. Explosive gases. The concentration of explosive gases
generated by the site or practice exceeds:
(1) 25% of the lower explosive limit for the gases in
structures (excluding gas control or recovery system components) or, in the
absence of structures located on the site, in the nearest occupied structure in
the vicinity of the site; and
(2) The lower explosive limit for the gases at the facility
boundary.
b. Fires. A site or practice that poses a
hazard to the safety of persons and property from fires.
c. Hazards to aircraft. A site or practice of disposing of
putrescible waste that attracts birds and occurs within 10,000 feet of any
airport runway used by turbojet aircraft or within 5,000 feet of any airport
runway used by only piston-type aircraft and poses a bird hazard to aircraft.
d. Access. A site or practice that does
not control public access or operates so as to expose the public to potential
health and safety hazards at the site.
9VAC20-80-190. Open dumps. (Repealed.)
A. Except as provided for in 9VAC20-80-170 B and
9VAC20-80-180 A, sites or practices which violate criteria specified in
9VAC20-80-180, whether currently active or inactive, shall be classified as
open dumps. Practices which violate the criteria shall be classified as
open-dumping.
NOTE: Both permitted and unpermitted sites or facilities
may be classified as open dumps.
B. The owner or operator of an active open dump shall
immediately cease treatment, storage or disposal of any additional waste.
C. The owner or operator or both or other responsible
party shall initiate removal, cleanup, or alternate remedial action in
accordance with 9VAC20-80-210.
9VAC20-80-200. Unpermitted
solid waste management facilities. (Repealed.)
A. Any solid waste management facility receiving or having
received waste without a permit, in violation of statutory requirements or
these or predecessor state regulations, shall be classified as an unpermitted
facility. An unpermitted facility may be an open dump if it meets the criteria
of 9VAC20-80-180. In such a case, the site will be managed in accordance with
the requirements of 9VAC20-80-190.
B. The owner, operator, or any other party responsible for
an unpermitted facility shall immediately cease treatment, storage or disposal
of any additional waste and shall initiate removal and cleanup as provided for
in 9VAC20-80-210 A, or closure in place as provided for in 9VAC20-80-210 B, or an
alternative remedial action in accordance with the requirements of
9VAC20-80-210 C, or a combination of the three.
9VAC20-80-205. Initial site evaluation.
(Repealed.)
A. An initial site evaluation will be conducted by the
department in order to determine if further action is required under this part.
The initial site evaluation will include any information that can be obtained
from the owner, operator, or other responsible party as well as all documented
observations by department personnel regarding the following:
1. The location of the site;
2. The amount, type and source of the waste at the site;
3. The permit status for the activities taking place at the
site; and
4. A preliminary evaluation of the site with respect to the
criteria outlined in 9VAC20-80-180.
B. Based on the information gathered under the provisions
of subsection A of this section, the department will make a preliminary
recommendation for remedial action as follows:
1. Remedial action is required under the provisions of
9VAC20-80-210;
2. Remedial action is not required and no further action is
necessary at the site; or
3. The wastes can simply be removed from the site and
disposed of at a permitted facility without having to meet the requirements of
9VAC20-80-210. The department may require submission of evidence of proper
management of the removed waste and may require evidence, including
confirmatory sampling, of the removal of solid waste and any hazardous
constituents. A site inspection will be performed by the department to confirm
the removal of waste materials.
C. The action conducted under this section may be
performed pursuant to an administrative or judicial order or other appropriate
mechanism as determined by the department.
9VAC20-80-210. Remedial action.
(Repealed.)
Pursuant to the recommendation made under the provisions
of 9VAC20-80-205 B or C, remedial action shall be conducted pursuant to one or
more, or a combination of, the provisions of this section.
A. Removal, cleanup, and proper management. In accordance with
the requirements set forth in this section, the owner, operator, or other
responsible party shall remove the solid waste and any hazardous constituents
and manage them in accordance with any other applicable requirements. The
director may require submission of evidence of proper management of the removed
waste, and may require evidence of removal of solid waste and any hazardous
constituents in accordance with a sampling and analysis plan approved by the
department.
1. The following factors at a minimum shall be considered
in determining the appropriateness of a removal pursuant to this section:
a. Actual or potential exposure to nearby human
populations, animals, or the food chain from solid waste or hazardous
constituents of solid waste;
b. Actual or potential contamination of drinking water
supplies or sensitive ecosystems;
c. Solid waste or hazardous constituents of solid waste in
drums, barrels, tanks, or other bulk storage containers, that may pose a threat
of release;
d. Hazardous constituents of solid waste in soils largely
at or near the surface, that may migrate;
e. Threat of fire or explosion;
f. Other situations or factors which may pose threats to
public health or welfare or the environment; and
g. Costs of removal compared to the costs of closure in
place or the costs of alternate remedial action.
2. In order to fully evaluate the appropriateness of and
alternatives for a removal action, the department may require the owner or
operator to provide any or all of the required information.
a. Environmental samples shall be collected, in accordance
with a sampling and analysis plan that shall provide a process for obtaining
quality data. Sampling and analysis plans shall be reviewed and approved by the
department. The sampling and analysis plans shall consist of two parts:
(1) The field sampling plan, which describes the number,
type, and location of samples and the type of analyses; and
(2) The quality assurance project plan, which describes
policy, organization, and functional activities and the data quality objectives
and measures necessary to achieve adequate data for use in planning and
documenting the removal action.
b. An engineering evaluation and a cost analysis report of
removal alternatives for the site including a recommended removal action. This
report will identify the primary removal alternatives, the cost of each
alternative and a brief evaluation of the relative merits of each alternative
pursuant to the criteria set forth at 9VAC20-80-210 C 5 b.
3. Upon receipt and review of any information required
pursuant to subdivision 2 of this subsection, the department will review and
approve, disapprove or require modifications to the plan, report and/or
recommended removal action. Upon approval of a removal action by the department,
the owner, operator, or other responsible party shall implement the approved
removal action and manage the wastes in accordance with any other applicable
requirements. The department may require submission of evidence of proper
management of the removed waste and may require evidence, including
confirmatory sampling, of the removal of solid waste and any hazardous
constituents.
4. If the removal will not fully address the threat posed
by the release, closure under Part V (9VAC20-80-240 et seq.) of this chapter,
or an alternate remedial action will be considered. A work plan will be
provided that outlines the transition from removal to closure in place or
alternate remedial action.
5. Removal shall meet applicable or relevant and
appropriate requirements under federal or state environmental laws considering
the exigencies of the situation.
B. Closure in place. If the owner, operator, or other
party responsible for an open dump or unpermitted facility demonstrates that
the facility will not pose a threat to human health or the environment when
closed in place, the facility may be closed with the waste left in place under
an administrative or judicial order, in accordance with the provisions of Part
V. While pursuing a closure under the provisions of Part V, an owner, operator,
or other responsible party shall undertake any removal or other interim
measures (subdivision C 8 of this section) necessary to abate any immediate
threat to human health or the environment.
1. The demonstration shall contain, as a minimum, the
following information:
a. Type of waste.
(1) The amount, type, source, and generating process of all
of the waste managed at the unpermitted facility.
(2) Information required under Part VIII (9VAC20-80-630 et
seq.) of this chapter for any waste that would require a letter of
clarification from the director.
(3) A statement that the waste contains no hazardous waste
under the Virginia Hazardous Waste Management Regulations.
(4) The director may require the submission of verified
statements from owner, operator, other responsible party, generators, or other
sources of the waste to support the above information.
b. Siting. The owner, operator, or other party responsible
for the unpermitted facility shall submit documentation from a registered
professional engineer that closure of the facility in place will comply with
the applicable siting requirements of Part V of this chapter, as follows:
(1) Airport safety;
(2) Floodplains;
(3) Unstable areas;
(4) Wetlands;
(5) Fault areas;
(6) Seismic impact zones;
(7) Setbacks from surface waters or rivers, facility
boundaries, wells, springs or other ground water sources of drinking water,
public road right-of-ways, residences, schools, hospitals, nursing homes, or
recreational park areas;
(8) Ability to conduct ground water monitoring; and
(9) Engineering controls to address site specific
characteristics that might prevent approval or require limitations on the site.
c. Certification by the registered professional engineer or
qualified ground water scientist that in his professional judgment the facility
can be closed with the waste left in place without posing a threat to human
health or the environment. If the director makes a determination under this
subsection, he will enter into an order to that effect.
2. Any such order issued pursuant to this subsection will
require the owner, operator, or other responsible party:
a. To submit a closure and a post-closure plan for the
approval of the director in accordance with Part V of these regulations;
b. To perform the closure and post-closure care in
accordance with the approved plan;
c. To perform any corrective action required under Part V
of this chapter should the results of the ground water monitoring performed
during the post-closure care period warrant such an action;
d. To maintain financial assurance whenever required by the
Financial Assurance Regulations for Solid Waste Disposal, Transfer, and
Treatment Facilities (9VAC20-70); and
e. To perform any other actions deemed necessary to protect
human health and the environment.
C. Alternate remedial action. Unless the procedures under
subsection A or B of this section have been implemented, the owner, operator,
or other responsible party for an open dump or unpermitted facility will submit
a letter of intent to pursue an alternate remedial action and an evaluation in
accordance with the provisions of subdivision 1 of this subsection. If waste or
hazardous constituents are proposed to be left in place, a demonstration in
accordance with subdivision B 1 of this section shall be submitted. In order to
pursue an alternate remedial action, the owner, operator, or other responsible
party will also demonstrate to the director that the facility will not pose a
threat to human health or the environment upon completion of an alternate
remedial action in compliance with this part. While pursuing an alternate
remedial action, an owner, operator, or other responsible party shall undertake
any removal or other interim measures (subdivision 8 of this subsection)
necessary to abate any immediate threat to human health or the environment.
1. Site evaluation. The owner, operator or other
responsible party will perform a site evaluation to determine the scope of
releases or potential releases.
a. The site evaluation may include collection or review of
data such as site management practices, information from waste generators,
photographs, analysis of historical photographs, literature searches, and
personal interviews conducted, as appropriate. A site inspection may be
performed if more information is needed. Such inspection may include a
perimeter (i.e., off-site) or on-site inspection, taking into consideration
whether such inspection can be performed safely.
b. The evaluation may include, but is not limited to:
(1) Identification of the source and nature of the release
or threat of release;
(2) Evaluation by other sources, for example, state public
health agencies, of the threat to human health;
(3) Evaluation of the magnitude of the threat to human
health and the environment;
(4) Evaluation of factors necessary to make the
determination of whether a removal is necessary;
(5) Evaluation of the demonstration required under
subdivision B 1 of this section;
(6) Identification of the owners and operators and a
determination of whether the owner or operator, another governmental agency or
a third party is undertaking proper response; and
(7) Identification of interim measures necessary to
stabilize the site.
2. The director will evaluate the demonstration and the
site evaluation based on the information submitted and determine:
a. If additional information is required; or
b. That no action is required; or
c. That the facility may close under the provisions of
subsection A or B of this section only; or
d. That an alternate remedial action will be considered,
and the owner or operator may proceed with the remedial investigation and the
corrective measures survey in accordance with subdivisions 3 and 4 of this
subsection.
e. If a combination of Remedial Action under this section
may be pursued; or
f. If an owner, operator, or other responsible party is not
making timely progress toward alternate closure, the director may require
closure under the provisions of this subsection or subsection A of this
section.
3. Remedial investigations.
a. Remedial investigations. If it is found that solid waste
(including hazardous constituents) have been, are likely to have been, or based
on site-specific circumstances, are likely to be released into the environment
from a solid waste management unit at the site, the owner, operator, or other
responsible party will investigate and characterize solid waste management
units and releases from solid waste management units at the site.
b. Scope of remedial investigations.
(1) Investigations required under this subdivision shall
characterize the nature, extent, direction, rate, movement and concentration of
releases, as required by the director. In addition, such investigations may
include, but are not limited to, the following:
(a) Characterizations of the environmental setting at the
facility, including:
(i) Hydrogeological conditions;
(ii) Climatological conditions;
(iii) Soil characteristics;
(iv) Surface water and
sediment quality and other characteristics; or
(v) Air quality and meteorological conditions.
(b) Characterization of solid waste management units from
which releases have been or may be occurring, including unit and waste
characteristics.
(c) Descriptions of humans and environmental systems which
are, may have been, or, based on site-specific circumstances, may be exposed to
release.
(d) Information that will assist in assessing risks to
human health and the environment from releases from solid waste management
units. Such information shall be accompanied by:
(i) Proposed action levels as defined in 9VAC20-80-220 for
relevant hazardous constituents; and
(ii) Proposed points of applicability for the action
levels.
(e) Extrapolations of future movement, degradation and fate
of contaminants.
(f) Laboratory, bench-scale or pilot-scale tests or studies
to determine the feasibility or effectiveness of treatment technologies or
other technologies that may be appropriate in implementing remedies at the
facility.
(g) Statistical analyses to aid in the interpretation of
data required under this subdivision, in accordance with statistical methods
contained in 9VAC20-80-300 D or otherwise approved by the director.
(2) Samples of ground water, surface water, soils, or air
which are collected as part of remedial investigations required under this
subdivision shall be analyzed for those constituents and parameters determined
to be necessary by the director to accurately and adequately characterize the
presence of hazardous waste (including hazardous constituents) in the samples.
c. Plans for remedial investigations. Such plans may
include, but are not limited to, the following:
(a) Overall approach, including objectives, schedules, and
qualifications of personnel conducting investigations.
(b) Technical and analytical approach and methods of
investigations.
(c) Quality assurance procedures, including:
(i) Data collection strategy;
(ii) Sampling, chain of custody procedures; and
(iii) Methods of sample analysis.
(d) Data management procedures, including formats for documenting
analytical results and tracking sample custody, and other results of
investigations.
d. Reports of remedial investigations.
(1) The director may require periodic reports to be
submitted by the owner or operator during remedial investigations required
under this subdivision, and may, based on information
from the investigations, or other information, require new or modified
investigations.
(2) Upon conclusion of the remedial investigations, the
owner or operator shall submit to the department a final report, including an
executive summary, describing the procedures, methods, and results of the
remedial investigations; and
(3) If, upon receipt of the final report and summary, the
final report and summary do not provide a full and accurate summary and
description of the remedial investigations, the director may require the owner
or operator to submit a revised report.
(4) All data, such as laboratory reports, drilling logs,
QA/QC documentation and other supporting information generated from the investigations
required under this subdivision shall be maintained at the site (or other
location approved by the director) for the period of three years after
completion of corrective action.
4. Corrective measure study.
a. Requirements to perform corrective measure study.
(1) If concentrations of hazardous constituents in ground
water in an aquifer, surface water, soils, or air exceed an action level (as
defined under 9VAC20-80-220), and there is reason to believe that such
hazardous constituents have been released from a solid waste management unit at
the site, the owner or operator will perform a corrective measure study,
according to the requirements of this subdivision, except as provided otherwise
under subdivision 4 a (3) of this subsection.
(2) If a constituent present in a concentration below an
action level (as defined under 9VAC20-80-220) may pose a threat to human health
or the environment, given site-specific exposure conditions, and there is
reason to believe that the constituent has been released from a solid waste
management unit at the site, a corrective measure study may be required
according to the requirements of subdivision 4 of this subsection.
(3) If an action level has been exceeded (as provided under
subdivision 4 a (1) of this subsection), but the release may nevertheless not
pose a threat to human health and the environment, the owner or operator may
apply for a determination of no further action.
b. Scope of corrective measure studies.
(1) Corrective measure studies required under subdivision 4
a of this subsection a may include, but are not
limited to, the following:
(a) Evaluation of performance, reliability, ease of
implementation, and potential impacts of the remedy, including safety impacts,
cross media impacts, and control of exposure to any residual contamination.
(b) Assessment of the effectiveness of potential remedies
in achieving adequate control of sources and cleanup of the solid waste
(including hazardous constituents) released from solid waste management units.
(c) Assessment of the time required to begin and complete
the remedy.
(d) Estimation of the costs of remedy implementation.
(e) Assessment of institutional requirements, such as state
or local permit requirements, or other environmental or public health
requirements which may substantially affect implementation of the remedy.
(2) The owner, operator, or other responsible party must
evaluate as part of the corrective measure study one or more specific potential
remedies. These remedies may include a specific technology or combination of
technologies that achieves or may achieve the standards for remedies specified
in subdivision 4 a of this subsection given appropriate consideration of the
factors specified in subdivision 5 b of this subsection.
c. Plans for corrective measure studies.
(1) The owner, operator, or other responsible party will
develop and submit a plan for conducting a corrective measure study required
under subdivision 4 a of this subsection. The plan
shall be subject to review and approval or modification by the director. Such
plans may include, but are not limited to, the following:
(a) Description of the general approach to investigating
and evaluating potential remedies;
(b) Definition of the overall objectives of the study;
(c) Description of the specific remedy which will be
studied;
(d) Plans for evaluating remedies to ensure compliance with
the standards for remedies specified in subdivision 5 a of this subsection;
(e) Schedules for conducting the study; and
(f) Proposed format for information presentation.
(2) Upon approval or modification of the corrective measure
study plan, the owner or operator shall conduct the studies and investigations
in accordance with the plan.
d. Reports of corrective measure studies.
(1) The director may require periodic reports during the
conduct of the corrective measure study, and may,
based on the information from these reports or other information, require the
owner or operator to modify the corrective measure study. Such modifications
will, if necessary, be specified by modifying the schedule for remedy required
in subdivision C 6 of this subsection.
(2) Upon completion of the corrective measure study, the
owner or operator shall submit a report summarizing the results of the study.
This report shall include a detailed description of the remedies assessed
pursuant to subdivision 4 b or d (1) of this subsection. The report shall
describe how any proposed remedy meets the standards for remedies specified in
subdivision 5 a of this subsection.
(3) Upon review of the corrective measure study report, the
director may require the owner or operator to evaluate further, and report
upon, one or more additional remedies, or develop particular elements of one or
more proposed remedies.
5. Selection of remedy. Based on the results of the
corrective measure study, and any further evaluations conducted under
subdivision 4 d (3) of this subsection, the director shall, except as otherwise
provided under subdivision 5 f of this subsection, approve a remedy that, at a
minimum, meets the standards listed in subdivision 5 a of this subsection.
a. Standards for remedies. Remedies must:
(1) Be protective of human health and the environment;
(2) Attain media cleanup standards pursuant to subdivision
5 d of this subsection;
(3) Control the source of releases so as to reduce or
eliminate, to the extent practicable, further releases of solid wastes
(including hazardous constituents) that may pose a threat to human health and
the environment; and
(4) Comply with standards for management of wastes as
specified in subdivision 9 of this subsection.
b. Remedy selection factors. In selecting a remedy which
meets the standards of subdivision 5 a of this
subsection, the director will consider the following evaluation factors as
appropriate:
(1) Long-term reliability and effectiveness. Any potential
remedy may be assessed for the long-term reliability and effectiveness it
affords, along with the degree of certainty that the remedy will prove
successful. Factors that shall be considered in this evaluation include:
(a) Magnitude of residual risks in terms of amounts and
concentrations of waste remaining following implementation of a remedy,
considering the persistence, toxicity, mobility and propensity to bioaccumulate
of such solid wastes (including hazardous constituents);
(b) The type and degree of long-term management required,
including monitoring and operation and maintenance;
(c) Potential for exposure of humans and environmental
receptors to remaining wastes;
(d) Long-term reliability of the engineering and
institutional controls, including uncertainties associated with land disposal
of untreated wastes and residuals; and
(e) Potential need for replacement of the remedy.
(2) Reduction of toxicity, mobility or volume. A potential
remedy may be assessed as to the degree to which it employs treatment that
reduces toxicity, mobility or volume of solid wastes (including hazardous
constituents). Factors that shall be considered in such assessments include:
(a) The treatment processes the remedy employs and
materials it would treat;
(b) The amount of solid wastes (including hazardous
constituents) that would be destroyed or treated;
(c) The degree to which the treatment is irreversible;
(d) The residuals that will remain following treatment,
considering the persistence, toxicity, mobility, and propensity to
bioaccumulate of such solid wastes (including hazardous constituents).
(3) The short-term effectiveness of a potential remedy may
be assessed considering the following:
(a) Magnitude of reduction of existing risks;
(b) Short-term risks that might be posed to the community,
workers, or the environment during implementation of such a remedy, including
potential threats to human health and the environment associated with
excavation, transportation, and redisposal or containment;
(c) Time until full protection is achieved.
(4) Implementability. The ease or difficulty of
implementing a potential remedy may be assessed by considering the following
types of factors:
(a) Degree of difficulty associated with constructing the
technology;
(b) Expected operational
reliability of the technologies;
(c) Need to coordinate with and obtain necessary approvals
and permits from other agencies;
(d) Availability of necessary equipment and specialists;
(e) Available capacity and location of needed treatment,
storage and disposal services.
(5) Cost. The types of costs that may be assessed include
the following:
(a) Capital costs;
(b) Operation and maintenance costs;
(c) Net present value of capital and operation and
maintenance costs;
(d) Potential future remedial action costs.
c. Schedule for remedy. The director will specify as part
of the selected remedy a schedule for initiating and completing remedial
activities. The director will consider the following factors in determining the
schedule of remedial activities:
(1) Extent and nature of contamination;
(2) Practical capabilities of remedial technologies in
achieving compliance with media cleanup standards, and other objectives of the
remedy;
(3) Availability of treatment or disposal capacity for
wastes managed during implementation of the remedy;
(4) Desirability of utilizing technologies which are not
currently available, but which may offer significant advantages over already
available technologies in terms of effectiveness, reliability, safety, or
ability to achieve remedial objectives;
(5) Potential risks to human health and the environment
from exposure to contamination prior to completion of the remedy;
(6) Other relevant factors.
d. Media cleanup standards. The director will specify in
the selected remedy requirements for remediation of contaminated media in
accordance with the provisions of subdivision 4 a of
this subsection.
e. Reserved.
f. Stabilizing remedies.
(1) If the criteria of subdivision 5 f (2) of this
subsection are met, the director may select a stabilizing remedy that protects
human health and the environment under plausible exposure conditions during the
term of the order required in subdivision 6 of this subsection.
(2) A stabilizing remedy must:
(a) Protect human health and the environment; and
(b) Achieve all media cleanup standards or levels as
specified pursuant to 9VAC20-80-230 beyond the site boundary as soon as
practicable; and
(c) Prevent further significant environmental degradation
by implementing, as soon as practicable:
(i) Treatment or other necessary engineering controls to
control any source of releases; and
(ii) Engineered measures as necessary to prevent further
significant migration of releases within the site boundary.
(d) Institute effective institutional or other controls to
prevent any significant exposure to hazardous wastes at the site; and
(e) Continue the monitoring of releases so as to determine
whether further significant environmental degradation occurs; and
(f) Comply with standards for management of wastes as
specified in subdivision 9 of this subsection.
(3) If at any time during the term of the order required
under subdivision 6 of this subsection, any condition of subdivision 5 f (2) of
this subsection is violated, the director will modify the order to:
(a) Require the owner or operator to perform additional
studies and actions, or implement additional controls to achieve compliance
with the requirements of subdivision 5 f (2) of this subsection; or
(b) Require additional studies, actions, or controls as
necessary to implement a remedy which meets the standards of subdivision 5 a of this subsection.
(4) The order required under subdivision 6 of this subsection
shall not be terminated until a remedy which meets the standards of subdivision
5 a of this subsection has been implemented and
certified complete according to subdivision 6 e of this subsection.
6. Remedy. The remedy selected shall be implemented under
an administrative or judicial order and will include the plans and other
documents specified in this subsection. Periodic progress reports are required
that allow the director to review the progress of the remedy and determine when
the remedy has been satisfactorily completed.
a. Requirements of the order.
(1) The order shall include, at a minimum, the following:
(a) Description of the technical features that are
necessary for achieving the standards for remedies specified in subdivisions 5 a or f, or both, of this subsection.
(b) All media cleanup standards established pursuant to
9VAC20-80-230 A.
(c) Requirements for achieving compliance with media
cleanup standards, pursuant to 9VAC20-80-230 B.
(d) Requirements for complying with the standards for
management of wastes, pursuant to subdivision 9 of this subsection.
(e) Requirements for removal, decontamination, closure, or
post-closure of units, equipment, devices or structures that will be used to
implement the remedy.
(f) A schedule for initiating and completing the major
technical features and milestones of the remedy (compliance schedule).
(g) Requirements for submission or reports and other
information.
(2) A remedy specified in an order may be separated into
phases. A remedy phase may consist of any set of actions performed over time,
or any actions that are concurrent but located at different areas, provided
that the actions are consistent with the final remedy.
b. Remedy design.
(1) The order may require the owner, operator or other responsible
party to prepare detailed construction plans and specifications to implement
the approved remedy at the site, unless such plans and specifications have
already been provided. Such plans shall be subject to review and approval or
modification by the director. Upon approval by the director, the plan shall be
incorporated expressly or by reference into the order. The plans and
specifications shall include, but are not limited to, the following:
(a) Designs and specifications for units in which solid
wastes will be managed, as specified in the approved remedy.
(b) Implementation and long-term maintenance plans.
(c) Project schedule.
(d) Construction quality assurance program.
(2) Upon approval of the plans and specifications for the
remedy, the owner or operator shall implement the remedy in accordance with the
plans and specifications;
c. Progress reports.
(1) The owner or operator may be required by the director
to provide progress reports during the design, construction, operation, and
maintenance of the remedy. Frequency of the progress reports will be specified
in the order. Such reports may include, but are not limited to:
(a) Summaries of progress of remedy implementation,
including results of monitoring and sampling activities, progress in meeting
media cleanup standards, and description of other remediation activities.
(b) Problems encountered during the reporting period, and
actions taken to resolve the problems.
(c) Changes in personnel conducting or managing the
remedial effort.
(d) Project work for next reporting period.
(e) Copies of laboratory reports with accompanying QA/QC
data and field sampling reports.
(2) All data, such as laboratory reports, drilling logs,
QA/QC documentation and other supporting information generated from the
remedial activities shall be maintained at the site (or other location approved
by the director) for a period of three years after the termination of the
order.
d. Review of remedy implementation. Periodic review will be
conducted to determine the progress of the remedy. Based on such review, the
order may be modified to require additional remedial measures to ensure prompt
completion, safety, effectiveness, protectiveness, or reliability of the
remedy.
e. Completion of remedies.
(1) Remedies specified pursuant to subdivision 6 a of this subsection shall be considered complete when the
director determines that:
(a) Compliance with all media cleanup standards (or
alternate levels) as specified in the order have been achieved, according to
the requirements of 9VAC20-80-230 B;
(b) All actions required to control the source of
contamination have been satisfied; and
(c) Procedures specified for removal, decontamination,
closure, or post-closure care of units, equipment, devices, or structures
required to implement the remedy have been complied with.
(2) Upon completion of the remedy, the owner or operator
shall submit a certification that the remedy has been completed in accordance
with the requirements of subdivision 6 e (1) of this subsection, and that all
other terms and conditions specified in the order pursuant to this subsection
have been satisfied. The certification shall be signed by the owner or operator
and by a registered professional engineer.
(3) When, upon receipt of the certification and any other
relevant information, the director determines that the corrective measure
remedy has been completed in accordance with the terms and conditions of the
order and the requirements for remedy completion under subdivision 6 e (1) of
this subsection, the director will terminate the order.
(4) If a remedy includes one or more identified phases, the
director may require separate certification that the remedy phase has been
completed as specified in the order, to be signed by the owner or operator and a
certified or licensed professional skilled in the appropriate technical
discipline.
7. Determination of technical impracticability.
a. The director may determine, based on information
developed by the owner or operator or other information, that compliance with a
requirement for the remedy is not technically practicable. In making such
determinations, the director will consider:
(1) The owner or operator's efforts to achieve compliance
with the requirements; and
(2) Whether other currently available or new and innovative
methods or technologies could practicably achieve compliance with the
requirements.
b. If the director determines that compliance with a remedy
requirement is not technically practicable, the director will modify the order
to specify as necessary and appropriate:
(1) Further measures that may be required of the owner or
operator to control exposure of humans or the environment to residual
contamination, as necessary to protect human health and the environment; and
(2) Alternate levels or measures for cleaning up
contaminated media, controlling the sources of contamination, or for removal or
decontamination of equipment, units, devices, or structures required to
implement the remedy which:
(a) Are technically practicable; and
(b) Are consistent with the overall objectives of the
remedy.
8. Interim measures.
a. If at any time the director determines, based on
consideration of the factors specified in subdivision 8 b of this subsection,
that a release or, based on site-specific circumstances, a threatened release
from a solid waste management unit at the site poses a threat to human health
or the environment, the owner, operator, or other responsible party may propose
interim measures required to abate, stabilize, mitigate, or eliminate the
releases or threat of releases.
b. The following factors may be considered by the director
in determining whether an interim measure is required:
(1) Time required to develop and
implement a final remedy;
(2) Actual or potential exposure of nearby populations or
environmental receptors to solid wastes (including hazardous constituents);
(3) Actual or potential contamination of drinking water
supplies or sensitive ecosystems;
(4) Further degradation of the medium which may occur if
remedial action is not initiated expeditiously;
(5) Presence of uncovered solid wastes (including hazardous
constituents) or such wastes in drums, barrels, tanks, or other bulk storage
containers, that may pose a threat of release;
(6) Presence of high levels of solid wastes (including
hazardous constituents) in soils largely at or near the surface, that might
migrate;
(7) Weather conditions that may cause solid wastes
(including hazardous constituents) to migrate or be released;
(8) Risks of fire or explosion, or potential for exposure
to solid wastes (including hazardous constituents) as a result of an accident
or failure of a container or handling system;
(9) Other situations that may pose threats to human health
and the environment.
c. If the director determines that an interim measure is
necessary pursuant to subdivision 8 a of this
subsection, the director will notify the owner or operator of the necessary
actions required. Such actions shall be implemented as soon as practicable, in
accordance with a schedule as specified by the director.
d. Interim measures should, to the extent practicable, be
consistent with the objectives of, and contribute to the performance of any
remedy which may be required pursuant to subdivision 5 of this subsection.
9. Management of wastes.
a. General.
(1) All solid wastes which are managed pursuant to a remedy
required under subdivision 5 of this subsection, or an interim measure required
under subdivision 8 of this subsection, shall be managed in a manner:
(a) That is protective of human
health and the environment; and
(b) That complies with applicable federal, state and local
requirements.
(2) The order will specify the requirements for units in
which wastes will be managed, and other waste management activities, as
determined by the director to be necessary for protection of human health and
the environment.
b. Management of hazardous wastes. Any treatment, storage
or disposal of listed or characteristic hazardous waste necessary to implement
a remedy or an interim measure shall be in accordance with the applicable
requirements of Virginia Hazardous Waste Management Regulations (9VAC20-60).
c. Management of nonhazardous solid wastes.
(1) Except as provided in subdivision 9 c (3) of this
subsection, treatment, storage and disposal of solid wastes pursuant to a
remedy or interim measure required under this subsection shall be in accordance
with applicable technical standards for solid waste management as specified in
Parts II (9VAC20-80-40 et seq.), V (9VAC20-80-240 et seq.), VI (9VAC20-80-320
et seq.), and VIII (9VAC20-80-630 et seq.) of this chapter.
(2) For any unit in which solid wastes will be managed
pursuant to a remedy or interim measure, design and operating standards for the
unit may be specified, as necessary to protect human health and the
environment. In determining appropriate design and operating requirements for
such units, the director will consider the factors specified under subdivision
9 c (3) (d) of this subsection.
(3) (a) For remediation waste management units (RWMU) in
which solid wastes will be stored or treated, the director may determine that a
design, operating, or closure standard applicable to such units solely by
regulation may be replaced by alternative requirements which are protective of
human health and the environment.
(b) Any RWMU to which alternative requirements are applied
according to subdivision 9 c (3) of this subsection,
shall be:
(i) Operated for a period not exceeding 180 calendar days,
unless the period is extended under subdivision 9 c (3) (c) of this subsection;
(ii) Located at the site; and
(iii) Used only for treatment or storage of solid wastes
(including hazardous constituents) that have
originated within the boundary of the site.
(c) The director may grant an extension to the 180-day
period from subdivision 9 c (3) (b) (i) of this subsection if solid wastes
shall remain in the unit due to unforeseen, temporary, and uncontrollable
circumstances.
(d) In establishing standards to be applied to the RWMU,
the director will consider the following factors:
(i) The length of time such units will be in operation.
(ii) Type of unit, and volume of wastes to be managed.
(iii) Potential for releases from the units.
(iv) Physical and chemical
characteristics of the wastes to be managed in the units.
(v) Hydrogeological and other relevant environmental
conditions at the site which may influence the migration of any potential
releases.
(vi) Potential for exposure
of humans and environmental receptors if releases were to occur from the units.
(e) The order will specify the length of time that the RWMU
will be allowed to operate, and specific design, operating, and closure
requirements for the units.
9VAC20-80-220. Action levels. (Repealed.)
Action levels are defined as follows:
A. Action levels for constituents in ground water in an
aquifer which the director has reason to believe may have been released from a
solid waste management unit at the site shall be concentration levels specified
as:
1. Maximum contaminant levels (MCLs) promulgated under §
141.2 of the Safe Drinking Water Act (40 CFR Part 141 Subpart B); or
2. For constituents for which MCLs
have not been promulgated, a concentration which satisfies the following
criteria, assuming exposure through consumption of the water contaminated with
the constituent:
a. Is derived in a manner consistent with most recent
federal guidelines for assessing the health risks of environmental pollutants;
and
b. Is based on scientifically valid studies conducted in
accordance with the Toxic Substances Control Act (TSCA) Good Laboratory
Practice Standards (40 CFR Part 792), or equivalent; and
c. For carcinogens, represents a concentration associated
with an excess upper bound lifetime cancer risk of 1X10-6 due to
continuous constant lifetime exposure, and considers the overall weight of
evidence for carcinogenicity; and
d. For systemic toxicants, represents a concentration to
which the human population (including sensitive subgroups) could be exposed on
a daily basis that is likely to be without appreciable risk of deleterious
effects during a lifetime.
B. Action levels for constituents in air which the
director has reason to believe may have been released from a solid waste
management unit at the site shall be defined as concentrations which meet the
criteria specified in subdivision A 2, assuming exposure through inhalation of
the air contaminated with the constituent, as measured or estimated at the
boundary of the site, or another location closer to the unit if necessary to
protect human health and the environment.
C. Action levels for constituents in surface water which
the director has reason to believe may have been released from a solid waste
management unit at the site shall be specified as:
1. Water Quality Standards established pursuant to § 303(c)
of the Clean Water Act (40 CFR Part 131) by the State Water Control Board,
where such standards are expressed as numeric values; or
2. Numeric interpretations of narrative water quality
standards, if appropriate, where water quality standards expressed as numeric
values have not been established; or
3. MCLs promulgated under the Safe Drinking Water Act for
constituents in surface waters designated by the State Water Control Board for
drinking water supply, where numeric values or numeric interpretations,
described in subdivisions 1 and 2 of this subsection, are not available; or
4. For constituents in surface waters designated by the
State Water Control Board for drinking water supply for which numeric values,
numeric interpretations, or MCLs (as described in subdivisions 1 through 3 of
this subsection) are not available, a concentration which meets the criteria
specified in subdivision A 2 of this section, assuming exposure through
consumption of water contaminated with the constituent; or
5. For constituents in surface waters designated for use or
uses other than drinking water supply and for which numeric values or numeric
interpretations (as described in subdivisions 1 and 2 of this subsection) have
not been established, a concentration established by the director which meets
the criteria specified in subdivision A 2 of this section, considering the use
or uses of the receiving waters.
D. Action levels for constituents in soils that the
director has reason to believe may have been released from a solid waste
management unit at the site shall be defined as concentrations which meet the
criteria specified in subdivision A 2 of this section, assuming exposure
through consumption of the soil contaminated with the constituent.
E. If, for a constituent detected in ground water in an
aquifer, air, surface water or soils, a concentration level that meets the
criteria of subsections A through D of this section is not available, the
director may establish an action level for the constituent as:
1. A level that is an indicator for protection of human
health and the environment, using the exposure assumptions for the medium
specified under subsections A through D of this section; or
2. The background concentration of the constituent.
9VAC20-80-230. Cleanup standards.
(Repealed.)
A. Except as otherwise provided by subsection B of this
section, the director will establish the cleanup standards for remediation of
contaminated media as follows:
1. The director will specify concentration levels of hazardous
constituents in ground water, surface water, air and soils that the remedy
shall achieve, as necessary to protect human health and the environment. Such
media cleanup standards will be established as follows:
a. The cleanup standards shall be concentration levels in
the affected media which protect human health and the environment.
b. Unless a lower concentration level is deemed necessary
to protect environmental receptors, cleanup standards shall be established as
follows:
(1) For known or suspected carcinogens, cleanup standards
shall be established at concentration levels which represent an excess
upperbound lifetime risk to an individual of between 1X10-4 and 1X10-6.
The director will use the 1X10-6risk level as the point of departure
in establishing such concentration levels.
(2) For systemic toxicants, cleanup standards shall
represent concentration levels to which human population (including sensitive
subgroups) could be exposed on a daily basis without appreciable risk of
deleterious effect during a lifetime.
c. In establishing media cleanup standards which meet the
requirements of subdivisions 1 a and b of this
subsection, the director may consider the following:
(1) Multiple contaminants in the medium;
(2) Exposure threats to sensitive environmental receptors;
(3) Other site-specific exposure or potential exposure to
contaminated media;
(4) The reliability, effectiveness, practicability, or
other relevant features of the remedy.
d. For ground water and surface water that is a current or
potential source of drinking water, the director will consider maximum,
contaminant levels promulgated under § 141.2 of the Safe Drinking Water Act (40
CFR 141, Subpart B) in establishing media cleanup standards.
e. If the owner or operator can demonstrate to the
satisfaction of the director that a specific concentration of a constituent in
a medium at the site is naturally occurring or from a source other than a solid
waste management unit at the site, the cleanup level established under this
section for the constituent in the medium shall not be below that specific
concentration, unless the director establishes that:
(1) Remediation to levels below that specified
concentration is necessary to protect human health and the environment; and
(2) Such remediation is in connection with an areawide
cleanup under RCRA or other authorities.
2. The director may determine that remediation of a release
of a constituent from a solid waste management unit to a media cleanup standard
established pursuant to this subsection is not necessary if the owner or
operator demonstrates to the director's satisfaction that:
a. The affected medium is also contaminated by substances
that are naturally occurring or have originated from a source other than a
solid waste management unit at the site, and those substances are present in
concentrations such that remediation of the release from the solid waste
management unit would provide no significant reduction in risks to actual or
potential receptors; or
b. The constituent is present in ground water that:
(1) Is not a current or potential source of drinking water;
and
(2) Is not hydraulically connected with waters to which the
hazardous constituents are migrating or are likely to migrate in a
concentration greater than an action level specified according to
9VAC20-80-220; or
c. Remediation of the release to media cleanup standards is
technically impracticable.
3. If a determination is made pursuant to subdivision 2 of
this subsection, the director may require any alternative measure or standard
he determines are necessary to protect human health and the environment,
including the control of further releases.
B. Compliance with media standards. The director will
specify in the remedy requirements for achieving compliance with the media
cleanup standards established under subsection A of this section (or
alternative levels under subdivision A 1 e or 3 of this section), as follows:
1. The director will specify where compliance with each
standards or levels shall be achieved, as follows:
a. For ground water, the cleanup standards or levels shall
be achieved throughout the contaminated ground water, or, at the director's
discretion, when waste is left in place, up to the boundary of a waste
management area encompassing the original source of release. The director will
specify the locations at which ground water monitoring wells shall be located
for the purposes of:
(1) Monitoring the effectiveness of the ground water
remediation program; and
(2) Demonstrating compliance with the ground water cleanup
standards or levels.
b. For air, the cleanup standard or level shall be achieved
at the location of the most exposed individual, or other specified points of
exposure closer to the source of the release, if determined by the director to
be necessary to protect human health and the environment. The director will
approve locations where air monitoring devices shall be installed, or what
emission modeling or testing, atmospheric dispersion models, or other methods
shall be used to demonstrate that compliance with any air cleanup standard or
level has been achieved at the points of exposure.
c. For surface water, the cleanup standard or level shall
be achieved at the point where the release enters the surface water. For
releases that have accumulated in surface water sediments, the director may, as
necessary to protect human health and the environment, require that a cleanup
standard or level be achieved at designated locations in the sediments. The
director will approve the locations where surface water or sediment samples
shall be taken to monitor surface water quality, and demonstrate that
compliance with any surface water cleanup standard or level has been achieved.
d. For soils, the cleanup standard shall be achieved at any
point where direct contact exposure to the soils may occur. The director will
approve the locations, or methods for determining appropriate locations, where
soil samples shall be taken to demonstrate compliance with the soil cleanup
standard or level.
e. If the owner or operator is unable to obtain the
necessary permission to undertake corrective action beyond the boundary of the
site, and can demonstrate to the satisfaction of the director that despite the
owner's or operator's best efforts, he is as a result unable to achieve media
cleanup standards or levels beyond the boundary of the site, then media cleanup
standards or levels shall be achieved to the extent practicable, as approved by
the director.
2. The director will specify in the remedy the sampling and
analytical methods, any statistical analyses that may be required, and the
frequency of sampling or monitoring that may be required to characterize levels
of hazardous constituents in ground water, surface water, air or soils.
3. The director will specify in the remedy the length of
time during which the practices must, in order to achieve compliance with a
media cleanup standard or level, demonstrate the concentrations of hazardous
constituents have not exceeded the standard. Factors that may be considered by
the director in determining these timing requirements include:
a. Extent and concentration of the release;
b. Behavior characteristics of the hazardous constituents
in the affected medium;
c. Accuracy of monitoring or modeling techniques;
d. Characteristics of the affected media; and
e. Seasonal, meteorological, or other environmental
variabilities which may affect the accuracy of monitoring or modeling results.
Part V
Solid Waste Disposal Facility Standards
9VAC20-80-240. General. (Repealed.)
A. Any person who constructs, or operates any solid waste
disposal facility (e.g., sanitary landfill, construction/demolition/debris
landfill, or an industrial waste landfill), not otherwise exempt under
9VAC20-80-60 D, shall comply with the requirements of this part. Further, all
applications for permits pursuant to these standards shall demonstrate specific
means proposed for compliance with requirements set forth in this part.
B. Solid waste disposal facilities shall be maintained and
operated in accordance with the permit issued pursuant to this chapter, and in
accordance with the approved design and intended use of the facility.
C. Hazardous wastes shall not be disposed or managed in
solid waste disposal facilities subject to this chapter unless specifically
authorized by the facility permit or the director.
D. Solid waste disposal facilities shall comply with the
Financial Assurance Regulations for Solid Waste Disposal, Transfer, and
Treatment Facilities (9VAC20-70) of the Virginia Waste Management Board.
E. Establishment, operation or maintenance of any solid
waste disposal facility as an open dump is prohibited (see Part IV
(9VAC20-80-170 et seq.) of this chapter).
F. A solid waste management facility regulated under Part
VI (9VAC20-80-320 et seq.) of this chapter will become subject to the
appropriate closure and post-closure care standards contained in this part if
solid waste will remain after the closure of such a facility.
9VAC20-80-250. Sanitary landfill.
(Repealed.)
The provisions of this section shall apply to the siting,
design, construction, operation, monitoring, and closure of a sanitary
landfill.
A. Siting.
1. Airport safety.
a. Owners or operators of all sanitary landfills that are
located within 10,000 feet of any airport runway end used by turbojet aircraft
or within 5,000 feet of any airport runway end used by only piston-type
aircraft shall demonstrate that the units are designed and operated so that the
facility does not pose a bird hazard to aircraft.
b. Owners or operators proposing to site new sanitary
landfill and lateral expansions of an existing facility within a five mile
radius of any airport runway end used by turbojet or piston-type aircraft shall
notify the affected airport and the Federal Aviation Administration (FAA). Owners
and operators should also be aware that effective April 5, 2000, 49 USC § 44718
(d), restricts the establishment of landfills within six miles of public
airports under certain conditions. Provisions for exemptions from this law also
exist.
c. The owner or operator of an existing facility shall
submit the demonstration in subdivision 1 a of this
subsection to the director by October 9, 1993.
2. Floodplains. Owners or operators of all sanitary
landfills located in 100-year floodplains shall demonstrate that the facility
will not restrict the flow of the 100-year flood, reduce the temporary water
storage capacity of the floodplain, or result in washout of solid waste so as
to pose a hazard to human health and the environment. The owner or operator of
an existing facility shall submit the demonstration to the director by October
9, 1993. No new sanitary landfill after July 1, 1999 shall be constructed in a
100-year flood plain.
3. Unstable areas.
a. Owners or operators of all sanitary landfills located in
an unstable area shall demonstrate that engineering measures have been
incorporated into the facility's design to ensure that the integrity of the
structural components of the facility will not be disrupted. He shall consider
the following factors, at a minimum, when determining whether an area is
unstable:
(1) On-site or local soil conditions that may result in
differential settling and subsequent failure of structural components;
(2) On-site or local geologic or geomorphologic features
that may result in sudden or non-sudden events and subsequent failure of
structural components; and
(3) On-site or local man-made features or events (both
surface and subsurface) that may result in sudden or non-sudden events and
subsequent failure of structural components.
b. The owner or operator of an existing facility shall
submit the demonstration to the director by October 9, 1993.
4. Wetlands.
a. After July 1, 1999, new sanitary landfills and lateral
expansions of existing facilities, except those impacting less than 1.25 acres
of nontidal wetlands, shall not be constructed in any tidal wetland or nontidal
wetland contiguous to any surface water body.
b. Construction allowed under the provisions of §
10.1-1408.5 will be allowed only with appropriate approvals under the
provisions of 9VAC25-210. In addition, the following additional demonstrations
must be made to the director:
(1) Where applicable under § 404 of the Clean Water Act or
§ 62.1-44.15:5 of the Virginia wetlands laws, the presumption that a practicable
alternative to the proposed landfill is available that does not involve
wetlands is clearly rebutted;
(2) The construction and operation of the facility will
not:
(a) Cause or contribute to violations of any applicable
water quality standard;
(b) Violate any applicable toxic effluent standard or
prohibition under § 307 of the Clean Water Act;
(c) Jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a
critical habitat, protected under the Endangered Species Act of 1973; and
(d) Violate any requirement under the Marine Protection,
Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary;
(3) The facility will not cause or contribute to
significant degradation of wetlands. The owner or operator shall demonstrate
the integrity of the facility and its ability to protect ecological resources
by addressing the following factors:
(a) Erosion, stability, and migration potential of native
wetland soils, muds and deposits used to support the facility;
(b) Erosion, stability, and migration potential of dredged
and fill materials used to support the facility;
(c) The volume and chemical nature of the waste managed in
the facility;
(d) Impacts on fish, wildlife, and other aquatic resources
and their habitat from release of the solid waste;
(e) The potential effects of catastrophic release of waste
to the wetland and the resulting impacts on the environment; and
(f) Any additional factors, as necessary, to demonstrate
that ecological resources in the wetland are sufficiently protected.
(4) To the extent required under § 404 of the Clean Water
Act or applicable Virginia wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by first
avoiding impacts to wetlands to the maximum extent practicable as required by
subdivision 4 b (1) of this subsection, then minimizing unavoidable impacts to
the maximum extent practicable, and finally offsetting remaining unavoidable
wetland impacts through all appropriate and practicable compensatory mitigation
actions (e.g., restoration of existing degraded wetlands or creation of
man-made wetlands); and
(5) Sufficient other information is available to enable the
department to make a reasonable determination with respect to these
demonstrations.
5. Fault areas. New sanitary landfills and lateral
expansions of existing facilities shall not be located within 200 feet of a
fault that has had displacement in Holocene time unless the owner or operator
demonstrates to the director that an alternative setback distance of less than
200 feet will prevent damage to the structural integrity of the facility and
will be protective of human health and the environment.
6. Seismic impact zones. New sanitary landfills and lateral
expansions of existing facilities shall not be located in seismic impact zones,
unless the owner or operator demonstrates to the director that all containment
structures, including liners, leachate collection systems, and surface water
control systems, are designed to resist the maximum horizontal acceleration in
lithified earth material for the site.
7. No sanitary landfill disposal unit or leachate storage
unit shall extend closer than:
a. 100 feet of any regularly
flowing surface water body or river;
b. 50 feet from the
facility boundary;
c. 500 feet of any well,
spring or other ground water source of drinking water in existence at the time
of application;
d. One thousand feet from the nearest edge of the right-of-way
of any interstate or primary highway or 500 feet from the nearest edge of the
right-of-way of any other highway or city street except the following:
(1) Units which are screened by natural objects, plantings,
fences, or other appropriate means so as to minimize the visibility from the
main-traveled way of the highway or city street, or otherwise removed from
sight;
(2) Units which are located in areas which are zoned for
industrial use under authority of state law or in unzoned industrial areas as
determined by the Commonwealth Transportation Board;
(3) Units which are not visible from the main-traveled way
of the highway or city street.
NOTE: This requirement is based on § 33.1-348 of the Code
of Virginia. The regulatory responsibility for this standard rests with the
Virginia Department of Transportation.
e. 200 feet from the active
filling areas to any residence, school, hospital, nursing home or recreational
park area in existence at the time of application.
NOTE: All distances are to be measured in the horizontal
plane.
8. No new facility shall be located in areas where ground
water monitoring cannot be conducted in accordance with subsection D of this
section unless this requirement is suspended by the director pursuant to
subdivision 1 c of this subsection.
9. No new sanitary landfill shall be constructed:
a. Within five miles upgradient of any existing surface or
ground water public water supply intake or reservoir except as allowed under
the provisions of § 10.1-1408.4 B 3 of the Code of Virginia;
b. In any area vulnerable
to flooding resulting from dam failures;
c. Over a sinkhole or less
than 100 feet over a solution cavern associated with karst topography;
d. In any park or recreational area, wildlife management
area or area designated by the federal or state agency as the critical habitat
of any endangered species; or
e. Over an active fault.
10. Certain site characteristics may also prevent approval
or require substantial limitations on the site use or require incorporation of
sound engineering controls. Examples include but are not limited to:
a. Excessive slopes (greater than 33%);
b. Lack of daily cover materials;
c. Springs, seeps, or other ground water intrusion into the
site;
d. The presence of gas, water, sewage, or electrical or
other transmission lines under the site; or
e. The prior existence on the site of an open dump,
unpermitted landfill, lagoon, or similar unit, even if such a unit is closed,
will be considered a defect in the site unless the proposed unit can be
isolated from the defect by the nature of the unit design and the ground water
for the proposed unit can be effectively monitored.
11. Specific site conditions may be considered in approving
an exemption of a site from the siting restrictions of subdivision 10 of this
subsection.
12. Facilities unable to furnish the demonstration required
under subdivision 1 c, 2, or 3 b of this subsection shall close in accordance
with the requirements of subsection E of this section and initiate post-closure
care as required by subsection F of this section by October 9, 1996.
13. The deadline for closure required by subdivision 12 of
this subsection may be extended by the director up to two years if the owner or
operator demonstrates that:
a. There is no alternate disposal capacity; and
b. There is no immediate threat to human health and the
environment.
B. Design/construction. The following design and
construction requirements apply to all sanitary landfills:
1. All facilities shall be surrounded by a means of
controlling vehicular access and preventing illegal disposal. All access will
be limited by gates, and such gates shall be securable and equipped with locks.
2. Access roads extending from the public road to the
entrance of a facility or site and any public access area shall be all-weather,
and shall be provided with a base capable of withstanding anticipated heavy
vehicle loads.
3. Each solid waste disposal facility should be provided
with an adequately lighted and heated shelter where operating personnel can
exercise site control and have access to essential sanitation facilities.
Lighting, heat and sanitation facilities may be provided by portable equipment
as necessary.
4. Aesthetics shall be considered in the design of a
facility or site. Use of artificial or natural screens shall be incorporated
into the design for site screening and noise attenuation to less than 80 dBA at
the facility boundary. The design should reflect those requirements, if any,
that are determined from the long-range plan for the future use of the site.
5. All sanitary landfills shall be equipped with permanent
or mobile telephone or radio communications.
6. All facilities shall be designed to provide and
maintain:
a. A run-on control system to prevent flow onto the active
portion of the landfill during the peak discharge from a 25-year storm;
b. A run-off control system from the active portion of the
landfill to collect and control at least the water volume resulting from a
24-hour, 25-year storm. Run-off from the active portion of the landfill unit
shall be handled in a manner that will not cause the discharge of:
(1) Pollutants into waters of the United States, including
wetlands, that violates any requirements of the Clean Water Act, including,
but-not limited to, the Virginia Pollutant Discharge Elimination system (VPDES)
requirements; and
(2) Cause the discharge of a nonpoint source of pollution
to waters of the United States, including wetlands, that violates any
requirement of an area-wide or state-wide water quality management plan that
has been approved under § 208 or 319 of the Clean Water Act, as amended.
c. Drainage structures to prevent ponding and erosion, and
to minimize infiltration of water into solid waste cells.
7. A ground water monitoring system shall be installed at
all sanitary landfills in accordance with 9VAC20-80-300.
8. Each site design shall include a gas management system
to control decomposition gases generated within a sanitary landfill in
accordance with 9VAC20-80-280.
9. All sanitary landfills shall be underlain by a composite
liner system as follows:
a. Base preparation to protect the liner by preventing
liner failure through subsidence or structural failure of the liner system.
b. A lower liner consisting of at least a two-foot layer of
compacted soil with a hydraulic conductivity of no more than 1x10-7
cm/sec.
c. An upper component consisting of a minimum 30-mil
flexible membrane liner (FML). If high density polyethylene (HDPE) is used as
an FML, it shall be at least 60-mil thick. The FML component shall be:
(1) Installed in direct and uniform contact with the
compacted soil liner;
(2) Placed in accordance with an approved construction
quality control/quality assurance program submitted with the design plans; and
(3) Placed with a minimum of two percent slope for leachate
drainage.
10. The applicant may submit a petition in accordance with
9VAC20-80-780 to allow for an alternate design of the liner system.
11. The design shall provide for leachate management which
shall include its collection, treatment, storage, and disposal. Leachate
control and monitoring systems are subject to the requirements in
9VAC20-80-290.
12. Landfill site designs shall provide sufficient area to
allow for management of leachate. Leachate from a solid waste disposal facility
shall not be permitted to drain or discharge into surface waters except when
authorized under a VPDES permit issued by the State Water Control Board or
otherwise approved by that agency.
13. Compacted lifts of deposited waste shall be designed
for a height compatible with daily waste volumes keeping work face areas to a
minimum and allowing for a daily compacted cover. Lift height is not
recommended to exceed 10 feet for maximum compaction.
14. Final contours of the finished landfill shall be
specified. Design of final contours shall consider subsequent site uses,
existing natural contours, surface water management requirements, and the
nature of the surrounding area. The final elevation of the landfill shall be
limited by the structural capacity of the liner and leachate collection and
removal system and by stability of foundation and slopes. The final contour
shall not cause structural damage or collapse of the leachate collection
system.
15. Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual. The top slope shall be at least two percent after allowance for
settlement to prevent ponding of water.
16. Two survey bench marks shall be established and
maintained on the landfill site, and their location identified or recorded on
drawings and maps of the facility.
17. Each sanitary landfill shall be constructed in
accordance with approved plans, which shall not be subsequently modified
without approval by the department.
18. Construction quality assurance program.
a. General.
(1) A construction quality assurance (CQA) program is
required for all landfill units. The program shall ensure that the constructed
unit meets or exceeds all design criteria and specifications in the permit. The
program shall be developed and implemented under the direction of a CQA officer
who is a registered professional engineer.
(2) The CQA program shall address the following physical
components, where applicable:
(a) Foundations;
(b) Low-hydraulic conductivity soil liners;
(c) Synthetic membrane liners;
(d) Leachate collection and removal systems;
(e) Gas management components; and
(f) Final cover systems.
b. Written CQA plan. The owner or operator shall develop
and implement a written CQA plan. The plan shall identify steps that will be
used to monitor and document the quality of materials and the condition and
manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description
of how they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for
all unit components identified in subdivision 18 a (2) of this subsection
including observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed unit
components meet the design specifications. The description shall cover:
sampling size and locations; frequency of testing; data evaluation procedures;
acceptance and rejection criteria for construction materials; plans for
implementing corrective measures; and data or other information to be recorded.
c. Contents of program. The CQA program shall include
observations, inspections, tests, and measurements sufficient to ensure:
(1) Structural stability and integrity of all components of
the unit identified in subdivision 18 a (2) of this subsection;
(2) Proper construction of all components of the liners,
leachate collection and removal system, gas management system, and final cover
system, according to permit specifications and good engineering practices, and proper
installation of all components (e.g., pipes) according to design
specifications;
(3) Conformity of all materials used with design and other
material specifications.
(4) The permeability of the liner soil. Soil liner
construction will be demonstrated on a test pad where permeability will be
confirmed using an in situ testing method.
d. Certification. Waste shall not be received in a landfill
unit until the owner or operator has submitted to the department by certified
mail or hand delivery a certification signed by the CQA officer that the
approved CQA plan has been successfully carried out and that the unit meets the
requirements of this section. Documentation supporting the CQA officer's
certification shall be submitted to the department upon request. An additional
engineer's certification is required under the provisions of 9VAC20-80-550 A 1.
C. Operation.
1. No hazardous wastes as defined by the Virginia Hazardous
Waste Management Regulations (9VAC20-60) other wastes listed in 9VAC20-80-250 C
17, PCB waste or regulated medical waste shall be accepted at the landfill
except as specifically authorized by the facility permit or by the director.
The owner or operator shall implement an inspection program to be conducted by
landfill personnel to detect and prevent disposal of such wastes. In addition
to implementing the requirements of the control program for unauthorized waste
in 9VAC20-80-113, the program shall include, at a minimum:
a. The procedures for the routine monitoring and
observation of incoming waste at the working face of the landfill;
b. The procedures for random inspections of incoming loads
to detect whether incoming loads contain regulated hazardous wastes, PCB
wastes, regulated medical waste, or other unauthorized solid waste and ensure
that such wastes are not accepted at the facility. The owner or operator shall
inspect a minimum of 1.0% of the incoming loads of waste. In addition, if the
facility receives waste generated outside of Virginia and the regulatory
structure in that jurisdiction allows for the disposal or incineration of
wastes as municipal solid waste that Virginia's laws and regulations prohibit
or restrict, the facility shall inspect a minimum of 10% of the incoming loads
of waste from that jurisdiction. All facilities receiving waste generated
outside of Virginia shall submit an evaluation consistent with 9VAC20-80-113 D;
c. Records of all inspections, to include at a minimum time
and date of the inspection, the personnel involved, the hauler, the type of
waste observed, the identity of the generator of the waste if it can be
determined, the location of the facility where the waste was handled prior to
being sent to the landfill and the results of the inspection. All records
associated with unauthorized waste monitoring and incidents shall be retained
on-site for a minimum of three years and shall be available for inspection by
the department;
d. Training of facility personnel to recognize and manage
regulated hazardous waste, PCB wastes, regulated medical waste, and other
unauthorized solid wastes;
e. Notification of the department if a
regulated hazardous waste, PCB waste, regulated medical waste or other
unauthorized waste is discovered at the facility. This notification will be
made orally as soon as possible, but no later than 24 hours after the
occurrence and shall be followed within 10 days by a written report that
includes a description of the event, the cause of the event, the time and date
of the event and the actions taken to respond to the event; and
f. All regulated medical waste, PCB waste or other
unauthorized solid waste that are detected at a facility shall be isolated from
the incoming waste and properly contained until arrangements can be made for
proper transportation for treatment or disposal at an approved facility.
2. Compaction and cover requirements.
a. Unless provided otherwise in the permit, solid waste
shall be spread into two-foot layers or less and compacted at the working face,
which shall be confined to the smallest area practicable.
b. Lift heights shall be sized in accordance with daily
waste volumes. Lift height is not recommended to exceed 10 feet.
c. Daily cover consisting of six inches of compacted soil
or other approved material shall be placed upon and maintained on all exposed
solid waste prior to the end of each operating day, or at more frequent
intervals if necessary, to control disease vectors, fires, odors, blowing
litter, and scavenging. Alternate materials of an alternate thickness may be
approved by the director if the owner or operator demonstrates that the
alternate material and thickness control disease vectors, fires, odors, blowing
litter, and scavenging without presenting a threat to human health and the
environment. At least three days of acceptable cover soil or approved material
at the average usage rate should be maintained at the landfill or readily
available at all times.
d. Intermediate cover of at least six inches of additional
compacted soil shall be applied and maintained whenever an additional lift of refuse
is not to be applied within 30 days. Further, all areas with intermediate cover
exposed shall be inspected as needed, but not less than weekly. Additional
cover material shall be placed on all cracked, eroded, and uneven areas as
required to maintain the integrity of the intermediate cover system.
e. Final cover construction will be initiated and
maintained in accordance with the requirements of subdivision E 1 b of this
section when the following pertain:
(1) An additional lift of solid waste is not to be applied
within one year.
(2) Any area of a landfill attains final elevation and
within 90 days after such elevation is reached. The director may approve
alternate timeframes if they are specified in the facility's closure plan.
(3) An entire landfill's permit is terminated for any
reason, and within 90 days of such denial or termination.
f. Vegetative cover with proper support layers shall be
established and maintained on all exposed final cover material within four
months after placement, or as specified by the department when seasonal
conditions do not permit. Mowing will be conducted a minimum of twice a year or
at a frequency suitable for the species of vegetative cover as specified in the
facility permit.
g. Areas where waste has been disposed that have not
received waste within 30 days will not have slopes exceeding the final cover
slopes specified in the permit or 33%, whichever is least.
3. Access to a solid waste disposal facility shall be
permitted only when an attendant is on duty and only during daylight hours,
unless otherwise specified in the facility permit.
4. Disease vectors shall be controlled using techniques
appropriate for the protection of human health and the environment.
5. Safety hazards to operating personnel shall be controlled
through an active safety program consistent with the requirements of 29 CFR
Part 1910.
6. Adequate numbers and types of properly maintained
equipment shall be available to a facility for operation. Provision shall be
made for substitute equipment to be available within 24 hours should the former
become inoperable or unavailable. Operators with training appropriate to the
tasks they are expected to perform and in sufficient numbers for the complexity
of the site shall be on the site whenever it is in operation. Equipment and
operators provided will not be satisfactory unless they ensure that the site is
managed with a high degree of safety and effectiveness.
7. Owners or operators shall implement a gas management
plan in accordance with 9VAC20-80-280 that will ensure that:
a. The concentration of methane gas generated by the
facility does not exceed 25 percent of the lower explosive limit for methane in
facility structures (excluding gas control or recovery system components); and
b. The concentration of methane gas does not exceed the
lower explosive limit for methane at the facility boundary.
8. Burning waste.
a. Owners or operators shall ensure that the units do not
violate any applicable requirements developed by the State Air Pollution Control
Board or promulgated by the EPA administrator pursuant to § 110 of the Clean
Air Act, as amended (42 USC §§ 7401 to 7671q).
b. Open burning of solid waste, except for infrequent
burning of agricultural wastes, silvicultural wastes, landclearing debris,
diseased trees, or debris from emergency cleanup operations is prohibited.
There shall be no open burning permitted on areas where solid waste has been
disposed or is being used for active disposal.
9. The owner or operator shall be responsible for extinguishing
any fires that may occur at the facility. A fire control plan will be developed
which outlines the response of facility personnel to fires. The fire control
plan will be provided as an attachment to the emergency contingency plan
required under the provisions of 9VAC20-80-520 C 2 k. The fire control plan
will be available for review upon request by the public.
10. Solid waste shall not be deposited in, nor shall it be
permitted to enter any surface waters or ground waters.
11. Owners or operators shall maintain the run-on/runoff
control systems designed and constructed in accordance with subdivision B 6 of
this section.
12. Sanitary landfills shall not:
a. Cause a discharge of pollutants into waters of the
United States, including wetlands, that violates any requirements of the Clean
Water Act (33 USC § 1251 et seq.), including, but not limited to, the Virginia
Pollutant Discharge Elimination System (VPDES) requirements and Virginia Water
Quality Standards (9VAC25-260).
b. Cause the discharge of a nonpoint source of pollution to
waters of the United States, including wetlands, that violates any requirement
of an area-wide or state-wide water quality management plan that has been
approved under § 208 or 319 of the Clean Water Act (33 USC § 1251 et seq.), as
amended or violates any requirement of the Virginia Water Quality Standards
(9VAC25-260).
13. Housekeeping.
a. Litter and blowing paper shall be confined to refuse
holding and operating areas by fencing or other suitable control means.
b. Dust and odors shall be controlled so they do not
constitute nuisances or hazards.
c. Salvaging may be permitted by a solid waste disposal
facility operator, but shall be controlled within a designated salvage area to
preclude interference with operation of the facility and to avoid the creation
of hazards or nuisances.
d. Fugitive dust and mud deposits on main off-site roads
and access roads shall be minimized at all times to limit nuisances.
e. Internal roads in the landfill shall be maintained to be
passable in all weather by ordinary vehicles. All operation areas and units
shall be accessible; gravel or other finish materials are usually required to
accomplish this. Provisions shall be made to prevent tracking of mud onto
public roads by vehicles leaving the site.
f. The open working face of a landfill shall be kept as
small as practicable, determined by the tipping demand for unloading.
g. A sanitary landfill which is located within 10,000 feet
of any airport runway used for turbojet aircraft or 5,000 feet of any airport
runway used by only piston type aircraft, shall
operate in such a manner that the facility does not increase or pose additional
bird hazards to aircraft.
h. All facility appurtenances listed in subsection B of
this section shall be properly maintained. These appurtenances include, but are
not limited to, access controls, shelters, communications equipment, run-on and
run-off controls, gas and ground water systems, liner systems, leachate
collection control systems and the landfill cap.
14. Ground water monitoring program meeting the
requirements of subsection D of this section shall be implemented.
15. A corrective action program meeting the requirements of
9VAC20-80-310 is required whenever the ground water protection standard is exceeded.
16. Sanitary landfills may receive the following types of
solid wastes subject to specific limitations in the permit:
a. Agricultural waste.
b. Ashes and air pollution control residues that are not
classified as hazardous waste. Incinerator and air pollution control residues
should be incorporated into the working face and covered at such intervals as
necessary to prevent them from becoming airborne.
c. Commercial waste.
d. Compost.
e. Construction waste.
f. Debris waste.
g. Demolition waste.
h. Discarded material.
i. Garbage.
j. Household waste.
k. Industrial waste meeting all criteria contained herein.
l. Inert waste.
m. Institutional waste except regulated medical waste as
specified in the Regulated Medical Waste Management Regulations (9VAC20-120).
n. Municipal solid waste.
o. Putrescible waste. Occasional animal carcasses may be
disposed of within a sanitary landfill. Large numbers (over 20 cy) of animal carcasses may be received with prior
notification of the department. When large numbers of carcasses are received,
they shall be placed in a separate area within the disposal unit and provided
with a cover of compacted soil or other suitable material.
p. Refuse.
q. Residential waste.
r. Rubbish.
s. Scrap metal.
t. Sludges. Water treatment plant sludges containing no
free liquid and stabilized, digested or heat treated wastewater treatment plant
sludges containing no free liquid may be placed on the working face along with
municipal solid wastes and covered with soil or municipal solid wastes. The
quantities accepted should be determined by operational conditions encountered
at the working face. For existing facilities without an adequate leachate
collection system, only a limited quantity of sludge may be accepted. A maximum
ratio of one ton of sludge per five tons of solid waste per day will be
considered. Generation of leachate will be a basis for restriction of sludge
disposal at such existing facilities.
u. Trash.
v. White goods. Provided that all white goods are free of
chlorofluorocarbons and PCBs prior to placement on the working face.
w. Nonregulated hazardous wastes and treated wastes
rendered nonhazardous by specific approval only.
x. Special wastes as approved by the director.
y. Waste oil that has been adequately adsorbed in the
course of a site cleanup.
z. Vegetative waste.
aa. Yard
waste.
17. Sanitary landfills may not receive the following
wastes:
a. Free liquids.
(1) Bulk or noncontainerized liquid waste, unless:
(a) The waste is household waste; or
(b) The waste is leachate or gas condensate derived from
that landfill and the facility is designed with a composite liner and leachate
collection system as described in subdivision B 9 of this section and
9VAC20-80-290 B; or
(2) Containers holding liquid waste, unless:
(a) The container is a small container similar in size to
that normally found in household waste;
(b) The container is designed to hold liquids for use other
than storage; or
(c) The waste is household waste.
b. Regulated hazardous wastes.
c. Solid wastes, residues, or soils containing more than
1.0 ppb (parts per billion) TEF (dioxins).
d. Solid wastes, residues, or soils containing 50.0 ppm
(parts per million) or more of PCB's except as allowed under the provisions of
9VAC20-80-650.
e. Unstabilized sewage sludge as defined by the Department
of Health or sludges that have not been dewatered.
f. Pesticide containers that have not been triple rinsed
and crushed.
g. Drums that are not empty,
properly cleaned and opened.
h. Contaminated soil unless approved by the director in
accordance with the requirements of 9VAC20-80-630 or 9VAC20-80-700.
18. Reasonable records to include date, quantity by weight
or volume, and origin shall be maintained on solid waste received and processed
to fulfill the requirements of the Solid Waste Information and Assessment
Program, the Control Program for Unauthorized Waste. Such information shall be
made available to the department for examination or use when requested.
D. Ground water monitoring. Ground water monitoring
program shall be instituted at all sanitary landfills in accordance with the
requirements contained in 9VAC20-80-300.
E. Closure.
1. Closure criteria. All sanitary landfills shall be closed
in accordance with the procedures set forth as follows:
a. The owner or operator shall close his facility in a
manner that minimizes the need for further maintenance, and controls, minimizes
or eliminates, to the extent necessary to protect human health and the
environment, the post-closure escape of uncontrolled leachate, surface runoff,
or waste decomposition products to the ground water, surface water,
decomposition gas migration, or to the atmosphere.
b. Final cover system. Owner or operator of all sanitary
landfills shall install a final cover system that is designed to achieve the
performance requirements of subdivision 1 a of this
subsection.
(1) The final cover system shall be designed and
constructed to:
(a) Have an 18-inch infiltration layer with a hydraulic
conductivity less than or equal to the hydraulic conductivity of any bottom
liner system or natural subsoils present, or a hydraulic conductivity no
greater than 1x10-5 cm/sec, whichever is less; and
(b) Minimize infiltration through the closed disposal unit
by the use of an infiltration layer that is constructed of earthen material;
and
(c) Minimize erosion of the final cover by the use of an
erosion layer that contains a minimum of 6 inches of earthen material that is
capable of sustaining native plant growth, and provide for protection of the
infiltration layer from the effects of erosion, frost, and wind.
(2) Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the design
manual. To prevent ponding of water, the top slope shall be at least two
percent after allowance for settlement.
2. The director may approve an alternate final cover design
that includes:
a. An infiltration layer that achieves an equivalent
reduction in infiltration as the infiltration layer specified in subdivision 1
b (1) (a) of this subsection; and
b. An erosion layer that provides equivalent protection
from wind and water erosion as the erosion layer specified in subdivision 1 b
(1) (c) of this subsection.
3. Closure plan and amendment of plan.
a. The owner or operator of a solid waste disposal facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility at the point of the permit period when the
operation will be the most extensive and at the end of its intended life. The
closure plan shall include, at least:
(1) A description of those measures to be taken and
procedures to be employed to comply with this subsection.
(2) An estimate of the largest area ever requiring a final
cover as required at any time during the active life;
(3) An estimate of the maximum inventory of wastes ever
on-site over the active life of the landfill facility; and
(4) A schedule for final closure which shall include, at a
minimum, the anticipated date when wastes will no longer be received, the date
when completion of final closure is anticipated, and intervening milestone
dates which will allow tracking of the progress of closure.
b. The owner or operator may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan. The amended closure plan shall be placed in the operating
record.
c. The owner or operator shall notify the department
whenever an amended closure plan has been prepared and placed in the operating
record.
d. At least 180 days prior to beginning closure of each
solid waste disposal unit, the owner or operator shall notify the department of
the intent to close.
e. If the owner or operator intends to use an alternate
final cover design, he shall submit a proposed design meeting the requirements
of subdivision 2 of this subsection to the department at least 180 days before
the date he expects to begin closure. The director will approve or disapprove
the plan within 90 days of receipt.
f. Closure plans, and amended closure plans not previously
approved by the director shall be submitted to the department at least 180 days
before the date the owner or operator expects to begin construction activities
related to closure. The director will approve or disapprove the plan within 90
days of receipt.
4. Time allowed for closure.
a. The owner or operator shall begin closure activities of
each unit no later than 30 days after the date on which the unit receives the
known final receipt of wastes or, if the unit has remaining capacity and there
is a reasonable likelihood that the unit will receive additional wastes, no
later than one year after the most recent receipt of wastes. Extensions beyond
the one-year deadline for beginning closure may be granted by the director if
the owner or operator demonstrates that the unit has the capacity to receive
additional wastes and the owner or operator has taken and will continue to take
all steps necessary to prevent threats to human health and the environment from
the unclosed unit.
b. The owner or operator shall complete closure activities
of each unit within six months following the beginning of closure. The director
may approve a longer closure period if the owner or operator can demonstrate
that the required or planned closure activities will,
of necessity, take longer than six months to complete; and that the owner or
operator has taken all steps to eliminate any significant threat to human
health and the environment from the unclosed but inactive unit.
5. Closure implementation.
a. The owner or operator shall close each unit with a final
cover as specified in subdivision 1 b of this subsection, grade the fill area
to prevent ponding, and provide a suitable vegetative cover. Vegetation shall
be deemed properly established when there are no large areas
void of vegetation and it is sufficient to control erosion.
b. Following construction of the final cover system for
each unit, the owner or operator shall submit to the department a
certification, signed by a registered professional engineer verifying that
closure has been completed in accordance with the requirements of this part.
This certification shall include the results of the CQA/QC requirements under
subdivision B 18 a (2) (e) of this section.
c. The owner or operator shall properly bait the site for
rodent and vector control before final closure is initiated.
d. Following the closure of all units the owner or operator
shall:
(1) Post one sign at the entrance of the facility notifying
all persons of the closing, and providing a notice prohibiting further receipt
of waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being deposited.
(2) Within 90 days, submit to the local land recording
authority a survey plat prepared by a professional land surveyor registered by
the Commonwealth or a person qualified in accordance with Title 54.1 of the
Code of Virginia indicating the location and dimensions of landfill disposal
areas. Monitoring well locations should be included and identified by the
number on the survey plat. The plat filed with the local land recording authority
shall contain a note, prominently displayed, which states the owner's or
operator's future obligation to restrict disturbance of the site as specified.
(3) Record a notation on the deed to the facility property,
or on some other instrument which is normally examined during title searches,
notifying any potential purchaser of the property that the land has been used
to manage solid waste and its use is restricted under subdivision F 4 c of this
section. A copy of the deed notation as recorded shall be filed with the
department.
(4) Submit to the department a certification, signed by a
registered professional engineer, verifying that closure has been completed in
accordance with the requirements of subdivision 5 d (1) through 5 d (3) of this
section and the facility closure plan.
6. Inspection. The department shall inspect all solid waste
management units at the time of closure to confirm that the closing is complete
and adequate. It shall notify the owner of a closed facility, in writing, if
the closure is satisfactory, and shall require any construction or such other
steps necessary to bring unsatisfactory sites into compliance with these
regulations. Notification by the department that the closure is satisfactory
does not relieve the operator of responsibility for corrective action to
prevent or abate problems caused by the facility.
7. Post-closure period. The post-closure care period begins
on the date of the certification signed by a registered professional engineer
as required in subdivision 5 d (4) of this subsection. Unless a facility
completes all provisions of subdivision 5 of this subsection, the department
will not consider the facility closed, and the beginning of the post-closure
care period will be postponed until all provisions have been completed. If the
department's inspection required by subdivision 6 of this subsection reveals
that the facility has not been properly closed in accordance with this part,
post closure will begin on the date that the department acknowledges proper
closure has been completed.
F. Post-closure care requirements.
1. Following closure of all disposal units, the owner or
operator shall conduct post-closure care of the facility. Post-closure care
shall consist of at least the following:
a. Maintaining the integrity and effectiveness of any final
cover, including making repairs to the cover as necessary to correct the
effects of settlement, subsidence, erosion, or other events, and preventing
run-on and run-off from eroding or otherwise damaging the final cover;
b. Maintaining and operating the leachate collection system
in accordance with the requirements in 9VAC20-80-290 and 9VAC20-80-300. The
director may allow the owner or operator to stop managing leachate if the owner
or operator demonstrates that leachate no longer poses a threat to human health
and the environment;
c. Monitoring the ground water in accordance with the
requirements of subsection D of this section and maintaining the ground water
monitoring system, if applicable; and
d. Maintaining and operating the gas monitoring system in
accordance with the requirements of 9VAC20-80-280.
2. The post-closure care shall be conducted:
a. For 10 years in case of facilities that ceased to accept
wastes before October 9, 1993; or
b. For 30 years in case of facilities that received wastes
on or after October 9, 1993; or
c. As provided in
subdivision 3 of this subsection.
3. The length of the post-closure care period may be:
a. Decreased by the director if the owner or operator
demonstrates that the reduced period is sufficient to protect human health and
the environment and this demonstration is approved by the director; or
b. Increased by the director if the director determines
that the lengthened period is necessary to complete the corrective measures or
to protect human health and the environment. If the post-closure period is
increased, the owner or operator shall submit a revised post-closure plan for
review and approval, and continue post-closure monitoring and maintenance in
accordance with the approved plan.
4. The owner or operator shall prepare a written
post-closure plan that includes, at a minimum, the following information:
a. A description of the monitoring and maintenance
activities required in subdivision 1 of this subsection for each disposal unit,
and the frequency at which these activities will be performed;
b. Name, address, and telephone number of the person or
office to contact about the facility during the post-closure period; and
c. A description of the planned uses of the property during
the post-closure period. Post-closure use of the property shall not disturb the
integrity of the final cover, liners, or any other components of the
containment system, or the function of the monitoring systems unless necessary
to comply with the requirements of this chapter. The director may approve any
other disturbance if the owner or operator demonstrates that disturbance of the
final cover, liner or other component of the containment system, including any
removal of waste, will not increase the potential threat to human health or the
environment.
5. The owner or operator shall submit a post-closure care
plan for review and approval by the director whenever a post-closure care plan
has been prepared or amended. Those post-closure care plans that have been
placed in a facility's operating record must be reviewed and approved by the
director prior to implementation.
6. Following completion of the post-closure care period for
each disposal unit, the owner or operator shall submit to the department a
certificate, signed by a registered professional engineer, verifying that
post-closure care has been completed in accordance with the post-closure plan.
The certificate shall be accompanied by an evaluation, prepared by a
professional engineer licensed in the Commonwealth and signed by the owner or
operator, assessing and evaluating the landfill's potential for harm to human
health and the environment in the event that post-closure monitoring and
maintenance are discontinued.
9VAC20-80-260. Construction/demolition/debris
(CDD) landfills. (Repealed.)
Construction/demolition/debris landfills may only receive
demolition waste, construction waste, debris waste, land clearing debris, split
tires, and white goods. No other wastes are authorized for the CDD landfill.
Chloroflourocarbons and PCBs must be removed from white goods prior to
placement on the working face.
A. Siting. The following criteria apply to all CDD
landfills:
1. CDD landfills shall not be sited or constructed in areas
subject to base floods unless it can be shown that the facility can be
protected from inundation or washout and that the flow of water is not
restricted.
2. CDD landfills shall not be sited in geologically
unstable areas where inadequate foundation support for the structural components
of the landfill exists. Factors to be considered when determining unstable
areas shall include:
a. Soil conditions that may result in differential settling
and subsequent failure of containment structures;
b. Geologic or geomorphologic features that may result in
sudden or non-sudden events and subsequent failure of containment structures;
c. Man-made features or events (both surface and
subsurface) that may result in sudden or non-sudden events and subsequent
failure of containment structures;
d. Presence of sink holes within the disposal area.
3. Acceptable CDD landfill sites shall allow for adequate
area and terrain for management of leachate if generated.
4. CDD landfill disposal area shall not be closer than 200
feet to any residence, school, hospital, nursing home or recreational park
area.
5. CDD disposal or leachate storage unit may not be located
closer than:
a. 100 feet of any
regularly flowing surface water body or river;
b. 200 feet of any well, spring or other ground water source
of drinking water; or
c. One thousand feet from the nearest edge of the
right-of-way of any interstate or primary highway or 500 feet from the nearest
edge of the right-of-way of any other highway or city street, except the
following:
(1) Units which are screened by natural objects, plantings,
fences, or other appropriate means so as to minimize the visibility from the
main-traveled way of the highway or city street, or otherwise removed from
sight;
(2) Units which are located in areas which are zoned for
industrial use under authority of state law or in unzoned industrial areas as
determined by the Commonwealth Transportation Board; or
(3) Units which are not visible from the main-traveled way
of the highway or city street.
NOTE: This requirement is based on § 33.1-348 of the Code
of Virginia, which should be consulted for detail. The regulatory
responsibility for this standard rests with the Virginia Department of
Transportation.
6. Wetlands. New CDD landfills and lateral expansions of
existing facilities shall not be located in wetlands, unless the owner or
operator can make the following demonstrations to the director:
a. Where applicable under § 404 of the Clean Water Act or
applicable Virginia wetlands laws, the presumption is clearly rebutted that a
practicable alternative to the proposed landfill exists that does not involve
wetlands;
b. The construction and operation of the facility will not:
(1) Cause or contribute to violations of any applicable
water quality standard;
(2) Violate any applicable toxic effluent standard or
prohibition under § 307 of the Clean Water Act;
(3) Jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a
critical habitat, protected under the Endangered Species Act of 1973 (87 Stat.
884); and
(4) Violate any requirement under the Marine Protection,
Research, and Sanctuaries Act of 1972 (86 Stat. 1052) for the protection of a
marine sanctuary;
c. The facility will not cause or contribute to significant
degradation of wetlands. The owner or operator shall demonstrate the integrity
of the facility and its ability to protect ecological resources by addressing
the following factors:
(1) Erosion, stability, and migration potential of native
wetland soils, muds and deposits used to support the facility;
(2) Erosion, stability, and migration potential of dredged
and fill materials used to support the facility;
(3) The volume and chemical nature of the waste managed in
the facility;
(4) Impacts on fish, wildlife, and other aquatic resources
and their habitat from release of the solid waste;
(5) The potential effects of catastrophic release of waste
to the wetland and the resulting impacts on the environment; and
(6) Any additional factors, as necessary, to demonstrate
that ecological resources in the wetland are sufficiently protected;
d. To the extent required under § 404 of the Clean Water
Act or applicable Virginia wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by first
avoiding impacts to wetlands to the maximum extent practicable as required by
subdivision 6 a of this subsection, then minimizing unavoidable impacts to the
maximum extent practicable, and finally offsetting remaining unavoidable
wetland impacts through all appropriate and practicable compensatory mitigation
actions (e.g., restoration of existing degraded wetlands or creation of
man-made wetlands);
e. Furnish a copy of final determinations on subdivision 6
a through d of this subsection, obtained from the U.S. Army Corps of Engineers
pertaining to federal jurisdictional wetlands; and
f. Sufficient other information to enable the department to
make a reasonable determination with respect to these demonstrations.
7. No new facility shall be located in areas where ground
water monitoring cannot be conducted in accordance with subsection D of this
section. Factors to be considered in determining whether or not a site can be
monitored shall include:
a. Ability to characterize the direction of ground water
flow within the uppermost aquifer;
b. Ability to characterize and define any releases from the
landfill so as to determine what corrective actions are necessary;
c. Ability to perform corrective action as necessary; and
d. Ability to install a double liner system with a leachate
collection system above the top liner and a monitoring collection system
between the two liners.
8. The following site characteristics may also prevent
approval or require substantial limitations on the site use or require
incorporation of sound engineering controls:
a. Excessive slopes (greater than 33%);
b. Lack of readily available cover materials on site, or
lack of a firm commitment for adequate cover material from a borrow site;
c. Springs, seeps, or other ground water intrusion into the
site;
d. The presence of gas, water, sewage, or electrical or
other transmission lines under the site; or
e. The prior existence on the site of an open dump,
unpermitted landfill, lagoon, or similar unit, even if such a unit is closed,
will be considered a defect in the site unless the proposed unit can be
isolated from the defect by the nature of the unit design and the ground water
for the proposed unit can be effectively monitored.
9. In strip mine pits, all coal seams and coal outcrops
shall be isolated from solid waste materials by a minimum of five feet of
natural or compacted soils with a hydraulic conductivity equal to or less than
1x10-7 cm/sec.
10. Specific site conditions may be considered in approving
an exemption of a site from the siting restrictions of subdivisions 7 and 8 of
this subsection.
B. Design/construction.
1. All CDD landfill facilities shall be surrounded on all
sides by natural barriers, fencing, or an equivalent means of controlling
vehicular access. All access will be limited to gates, and such gates shall be
securable and equipped with locks.
2. Access roads extending from the public road to the
entrance of a facility or site shall be all weather, and shall be provided with
a base capable of withstanding anticipated heavy vehicle loads.
3. CDD landfill facilities should be provided with an
adequately lighted and heated shelter where operating personnel have access to
essential sanitation facilities. Lighting, sanitation facilities and heat may
be provided by portable equipment as necessary.
4. Aesthetics shall be considered in the design of a
facility or site. Use of artificial or natural screens shall be incorporated
into the design for site screening and noise attenuation. The design should
reflect those requirements, if any, that are determined from the long-range
plan for the future use of the site.
5. All CDD landfill facilities shall be equipped with
permanent or mobile telephone or radio communications.
6. All CDD landfills shall be designed to divert surface
water runoff from a 25-year, 24-hour storm away from disposal areas. The design
shall provide that any surface water runoff is managed so that erosion is well
controlled and environmental damage is prevented.
7. Each CDD landfill facility shall be constructed in
accordance with approved plans, which shall not be subsequently modified
without approval by the department.
8. A leachate collection system and removal system and
leachate monitoring program shall be required as detailed in 9VAC20-80-290.
Surface impoundments or other leachate storage structures shall be so
constructed that discharge to ground water will not occur. Leachate derived
from the CDD landfill may be recirculated provided the CDD disposal unit is
designed with a composite liner as required by 9VAC20-80-250 B 9 and a leachate
collection system as required by 9VAC20-80-290.
9. A decomposition gas venting system or gas monitoring
program is required unless the owner or operator can demonstrate to the
department that gas formation is not a problem at the permitted landfill. A
venting system will be essential at any time the concentration of methane
generated exceeds 25% of the lower explosive limit within any structure or at
the facility boundary. When required, the control of the decomposition gases
shall be carried out in accordance with 9VAC20-80-280.
10. Final contours of the finished landfill shall be
specified. Design of final contours shall consider subsequent site uses,
existing natural contours, surface water management requirements, and the
nature of the surrounding area. The final elevation of the landfill shall be
limited by the structural capacity of the liner and leachate collection and
removal system. The final contour shall not cause structural damage or collapse
of the leachate collection system. Two survey bench marks shall be established
and maintained on the landfill site, and their locations identified or recorded
on drawings and maps of the facility.
11. A ground water monitoring system shall be installed at
all new and existing CDD landfills in accordance with the requirements of
9VAC20-80-300.
12. Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual.
13. Solid waste disposal shall be at least 50 feet from the
facility boundary.
14. All CDD landfills shall be underlain by a liner system
as follows:
a. Compacted clay:
(1) A liner consisting of at least one-foot layer of
compacted soil with a hydraulic conductivity of no more than 1x10-7
cm/sec.
(2) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
(3) The liner shall be covered with a minimum one-foot
thick drainage layer composed of material having a hydraulic conductivity of
1x10-3 cm/sec or greater (lab tested).
b. Synthetic liners:
(1) Synthetic liner consisting of a minimum 30-mil thick
flexible membrane. If high density polyethylene is used, it shall be at least
60-mil thick. Synthetic liners shall be proven to be compatible with the solid
waste and its leachate.
(2) The liner shall be placed in accordance with an
approved construction quality control/quality assurance program submitted with
the design plans.
(3) The base under the liner shall be a smooth rock-free
base or otherwise prepared to prevent causing liner failure.
(4) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
(5) The liner shall be covered with a 12-inch thick
drainage layer and a 6-inch thick protective layer, placed above the drainage
layer, both materials having a hydraulic conductivity of 1x10-3
cm/sec or greater (lab tested).
c. Other liners:
(1) Other augmented compacted clays or soils may be used as
a liner provided the thickness is equivalent and the hydraulic conductivity
will be equal to or less than that for compacted clay alone.
(2) The effectiveness of the proposed augmented soil liner
shall be documented by using appropriate laboratory tests.
(3) Shall be placed with a minimum of 2.0% slope for
leachate drainage.
d. In-place soil:
(1) Where the landfill will be separated from the ground
water by low hydraulic conductivity soil as indicated by appropriate laboratory
tests, which is natural and undisturbed, and provides equal or better
performance in protecting ground water from leachate contamination, a liner can
be developed by manipulation of the soil to form a liner with equivalent
thickness and hydraulic conductivity equal to or less than that of the clay
liner.
(2) Shall be prepared with a minimum of 2.0% slope for
leachate drainage.
e. Double liners required or used in lieu of ground water
monitoring shall include:
(1) Base preparation to protect the liner.
(2) A bottom or secondary liner which is soil, synthetic or
augmented soil as indicated in subdivisions 14 a, b, and c of this subsection.
(3) A witness or monitoring zone placed above the bottom or
secondary liner consisting of a minimum of 12-inch thick drainage layer
composed of material with a hydraulic conductivity of 1x10-3cm/sec
or greater with a network or perforated pipe, or an equivalent design.
(4) The primary liner as indicated in
subdivision 14 a, b, and c of this subsection.
(5) The primary liner shall be covered with a minimum
12-inch thick drainage layer for leachate removal and a 6-inch thick protective
layer placed above the drainage layer both materials having a hydraulic
conductivity of 1x10-3 cm/sec or greater (lab tested).
15. If five-foot separation from seasonal high ground water
can be demonstrated, a separate area may be established to receive only stumps,
brush, leaves and land clearing debris. Such an area may be constructed without
a liner or a leachate collection system, but may not receive any other solid
waste.
16. A fire break of 50 feet shall be designed around the
disposal area and all tree lines.
17. Construction quality assurance program.
a. General.
(1) A construction quality assurance (CQA) program is
required for all landfill units. The program shall ensure that the constructed
unit meets or exceeds all design criteria and specifications in the permit. The
program shall be developed and implemented under the direction of a CQA officer
who is a registered professional engineer.
(2) The CQA program shall address the following physical
components, where applicable:
(a) Foundations;
(b) Low-hydraulic conductivity soil liners;
(c) Synthetic membrane liners;
(d) Leachate collection and removal systems; and
(e) Final cover systems.
b. Written CQA plan. The owner or operator shall develop
and implement a written CQA plan. The plan shall identify steps that will be
used to monitor and document the quality of materials and the condition and
manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description
of how they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for
all unit components identified in subdivision 17 a (2) of this subsection
including observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed unit
components meet the design specifications. The description shall cover:
sampling size and locations; frequency of testing; data evaluation procedures;
acceptance and rejection criteria for construction materials; plans for
implementing corrective measures; and data or other information to be recorded.
c. Contents of program. The CQA program shall include
observations, inspections, tests, and measurements sufficient to ensure:
(1) Structural stability and integrity of all components of
the unit identified in subdivision 17 a (2) of this subsection;
(2) Proper construction of all components of the liners,
leachate collection and removal system, gas management system if required under
subdivision 9 of this subsection and final cover system, according to permit
specifications and good engineering practices, and proper installation of all
components (e.g. pipes) according to design specifications;
(3) Conformity of all materials used with design and other
material specifications; and
(4) The permeability of the liner soil. Soil liner
construction will be demonstrated on a test pad where permeability will be
confirmed using an in situ testing method.
d. Certification. Waste shall not be received in a landfill
unit until the owner or operator has submitted to the department by certified
mail or hand delivery a certification signed by the CQA officer that the
approved CQA plan has been successfully carried out and that the unit meets the
requirements of this section. Documentation supporting the CQA officer's
certification shall be submitted to the department upon request. An additional
certification is required under the provisions of 9VAC20-80-550 A 1.
C. Operation.
1. Access to a facility shall be permitted only when an
attendant is on duty and only during daylight hours, unless otherwise specified
in the permit for the facility.
2. Litter shall be confined to refuse holding and operating
areas by fencing or other suitable means.
3. Dust, odors, and vectors shall be effectively controlled
so they do not constitute nuisances or hazards.
4. Safety hazards to operating personnel shall be
controlled through an active safety program consistent with the requirements of
29 CFR Part 1910.
5. Adequate numbers and types of properly maintained
equipment shall be available to a facility for the performance of operation.
Provision shall be made for substitute equipment to be available within 24
hours should the former become inoperable or unavailable.
6. Open burning shall be prohibited.
7. Solid waste shall not be deposited in, nor shall it be
permitted to enter any surface waters or ground waters.
8. Salvaging may be permitted by a solid waste disposal
facility operator, but shall be controlled within a designated salvage area to
preclude interference with operation of the facility and to avoid the creation
of hazards or nuisances.
9. Reasonable records shall be maintained on the amount of
solid waste received and processed to include date, quantity by weight or
volume, and origin. Such information shall be made available to the department
for examination or use when requested.
10. Fire breaks shall be installed in layers periodically
as established in the facility permit. Such fire breaks shall consist of borrow
materials deemed suitable as intermediate cover, and shall be placed on the
top, side slopes, and working faces of the fill to a depth of at least one
foot. The requirements for fire breaks may be waived, however, if the waste
materials are non-combustible. The owner or operator shall be responsible for
extinguishing any fires that may occur at the facility. A fire control plan
will be developed that outlines the response of facility personnel to fires.
The fire control plan will be provided as an attachment to the emergency
contingency plan required under the provisions of 9VAC20-80-520 C 2 k. The fire
control plan will be available for review upon request by the public.
11. Compaction and cover requirements.
a. Waste materials shall be compacted in shallow layers
during the placement of disposal lifts to minimize differential settlement.
b. Compacted soil cover shall be applied as needed for
safety and aesthetic purposes. A minimum one-foot thick progressive cover shall
be maintained weekly such that the top of the lift is fully covered at the end
of the work week. A fire break as specified in subdivision 10 of this
subsection will be installed on the top, side slopes, and on the work face as
weekly progressive cover or as required in the facility permit. The open
working face of a landfill shall be kept as small as practicable, determined by
the tipping demand for unloading.
c. When waste deposits have reached final elevations, or
disposal activities are interrupted for 15 days or more, waste deposits shall
receive a one-foot thick intermediate cover unless soil has already been
applied in accordance with subdivision 11 b of this subsection and be graded to
prevent ponding and to accelerate surface run-off.
d. Final cover construction will be initiated in accordance
with the requirements of subdivision E 1 b of this section upon the completion
of disposal operations or when the following pertain:
(1) When operations are suspended for six months or more.
(2) Within 90 days of any area of the landfill reaching
final elevation final cover construction will be initiated in that area. The
director may approve alternate timeframes if they are specified in the
facility's closure plan.
(3) If, for any reason, the permit is terminated, cover
construction will be initiated within 90 days of termination.
e. Vegetative cover with proper support layers shall be
established and maintained on all exposed final cover material within four
months after placement, or as otherwise specified by the department when
seasonal conditions do not otherwise permit.
12. A ground water monitoring program meeting the
requirements of subsection D of this section shall be implemented.
13. Corrective Action Program. A corrective action program
meeting the requirements of 9VAC20-80-310 is required whenever the ground water
protection standard is exceeded.
14. Leachate from a solid waste disposal facility shall not
be permitted to drain or discharge into surface waters except when authorized
under a VPDES permit issued pursuant to the State Water Control Board
Regulation (9VAC25-31).
15. All items designed in accordance with the requirements
of subsection B of this section shall be properly maintained.
D. Ground water monitoring program. A ground water
monitoring program shall be instituted at all CDD landfills in accordance with
the requirements contained in 9VAC20-80-300.
E. Closure.
1. Closure criteria. All CDD landfills shall be closed in
accordance with the procedures set forth in this subdivision.
a. The owner or operator shall close his facility in a
manner that minimizes the need for further maintenance, and controls, minimizes
or eliminates the post-closure escape of uncontrolled leachate, surface runoff,
decomposition gas migration, or waste decomposition products to the ground
water, surface water, or to the atmosphere.
b. Final cover system. Except as specified in subdivision 1
c of this subsection, owner or operator of CDD landfills shall install a final
cover system that is designed to achieve the performance requirements of
subdivision 1 a of this subsection.
(1) The final cover system shall be designed and
constructed to:
(a) Have a hydraulic conductivity less than or equal to the
hydraulic conductivity of any bottom liner system or natural subsoils present,
or a hydraulic conductivity no greater than 1x10-5 cm/sec, whichever
is less; and
(b) Minimize infiltration through the closed disposal unit
by the use of an infiltration layer that contains a minimum 18 inches of
earthen material; and
(c) Minimize erosion of the final cover by the use of an
erosion layer that contains a minimum of six inches of earthen material that is
capable of sustaining native plant growth, and provide for protection of the
infiltration layer from the effects of erosion, frost, and wind.
(2) Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual. To prevent ponding of water, the top slope shall be at least two
percent after allowance for settlement.
(3) The director may approve an alternate final cover
design that includes:
(a) An infiltration layer that achieves an equivalent
reduction in infiltration as the infiltration layer specified in subdivisions b
(1) (a) and b (1) (b) of this subsection; and
(b) An erosion layer that provides equivalent protection
from wind and water erosion as the erosion layer specified in subdivision 1 b
(1) (c) of this subsection.
c. Owners or operators of units used for the disposal of
wastes consisting only of stumps, wood, brush, and leaves from landclearing
operations may apply two feet of compacted soil as final cover material in lieu
of the final cover system specified in subdivision 1 (b) (1) of this
subsection. The provisions of this section shall not be applicable to any
facility with respect to which the director has made a finding that continued
operation of the facility constitutes a threat to the public health or the
environment.
2. Closure plan and amendment of plan.
a. The owner or operator of a solid waste disposal facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility at the time when the operation will be the
most extensive and at the end of its intended life. The closure plan shall include,
at least:
(1) A description of those measures to be taken and
procedures to be employed to comply with this subsection;
(2) An estimate of the largest area ever requiring a final
cover as required at any time during the active life;
(3) An estimate of the maximum inventory of wastes ever
on-site over the active life of the landfill facility; and
(4) A schedule for final closure shall also be provided
which shall include, as a minimum, the anticipated date when wastes will no
longer be received, the date when completion of final closure is anticipated,
and intervening milestone dates which will allow tracking of the progress of
closure.
b. The owner or operator may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affects
the closure plan.
c. The owner or operator shall notify the department
whenever an amended closure plan has been prepared and placed in the operating
record.
d. Prior to beginning closure of each solid waste disposal
unit, the owner or operator shall notify the department of the intent to close.
e. If the owner or operator intends to use an alternate
final cover design, he shall submit a proposed design meeting the requirements
of subdivision 1 b (3) of this subsection to the department at least 180 days
before the date he expects to begin closure. The director will approve or
disapprove the plan within 90 days of receipt.
f. Closure plans, and amended closure plans not previously
approved by the director shall be submitted to the department at least 180 days
before the date the owner or operator expects to begin closure. The director
will approve or disapprove the plan within 90 days of receipt.
3. Time allowed for closure.
a. The owner or operator shall begin closure activities of
each unit no later than 30 days after the date on which the unit receives the
known final receipt of wastes or, if the unit has remaining capacity and there
is a reasonable likelihood that the unit will receive additional wastes, no
later than one year after the most recent receipt of wastes. Extensions beyond
the one-year deadline for beginning closure may be granted by the director if
the owner or operator demonstrates that the unit has the capacity to receive
additional wastes and the owner or operator has taken and will continue to take
all steps necessary to prevent threats to human health and the environment from
the unclosed unit.
b. The owner or operator shall complete closure activities
in accordance with the closure plan within six months after receiving the final
volume of wastes. The director may approve a longer closure period if the owner
or operator can demonstrate that the required or planned closure
activities will, of necessity, take longer than six months to complete; and
that the owner or operator has taken all steps to eliminate any significant
threat to human health and the environment from the unclosed but inactive
facility.
4. Closure implementation.
a. The owner or operator shall close each unit with a final
cover as specified in subdivision 1 b of this subsection, grade the fill area
to prevent ponding, and provide a suitable vegetative cover. Vegetation shall
be deemed properly established when there are no large areas
void of vegetation and it is sufficient to control erosion.
b. Following construction of the final cover system for
each unit, the owner or operator shall submit to the department a
certification, signed by a registered professional engineer verifying that
closure has been completed in accordance with the closure plan requirements of
this part. This certification shall include the results of the CQA/QC
requirements under subdivision B 17 a (2) (e) of this section.
c. Following the closure of all units the owner or operator
shall:
(1) Post one sign at the entrance of the facility notifying
all persons of the closing, and the prohibition against further receipt of
waste materials. Further, suitable barriers shall be installed at former accesses
to prevent new waste from being deposited.
(2) Within 90 days after closure is completed, the owner or
operator of a landfill shall submit to the local land recording authority a
survey plat prepared by a professional land surveyor registered by the
Commonwealth indicating the location and dimensions of landfill disposal areas.
Monitoring well locations should be included and identified by the number on
the survey plat. The plat filed with the local land recording authority shall
contain a note which states the owner's or operator's future obligation to
restrict disturbance of the site as specified.
(3) The owner of the property on which a disposal facility
is located shall record a notation on the deed to the facility property, or on
some other instrument which is normally examined during title search, notifying
any potential purchaser of the property that the land has been used to manage
solid waste. A copy of the deed notation as recorded shall be filed with the
department.
(4) Submit to the department a certification, signed by a
registered professional engineer, verifying that closure has been completed in
accordance with the requirements of subdivision 4 d (1) through 4 d (3) of this
subsection and the facility closure plan.
5. Inspection. The department shall inspect all solid waste
management units at the time of closure to confirm that the closing is complete
and adequate. It shall notify the owner of a closed facility, in writing, if
the closure is satisfactory, and shall require any construction or such other
steps necessary to bring unsatisfactory sites into compliance with this
chapter. Notification by the department that the closure is satisfactory does
not relieve the operator of responsibility for corrective action to prevent or
abate problems caused by the facility.
6. Post-closure period. The post-closure care period begins
on the date of the certification signed by a registered professional engineer
as required in subdivision 4 c (4) of this subsection. Unless a facility
completes all provisions of subdivision 4 of this subsection the department
will not consider the facility closed, and the beginning of the post-closure
care period will be postponed until all provisions have been completed. If the
department's inspection required by subdivision 5 of this subsection reveals
that the facility has not been properly closed in accordance with this part,
post closure will begin on the date that the department acknowledges proper
closure has been completed.
F. Post-closure care requirements
1. Following closure of all disposal units, the owner or
operator shall conduct post-closure care of the facility. Except as provided
under subdivision 2 of this subsection, post-closure care shall be conducted
for 10 years after the date of completing closure or for as long as leachate is
generated, whichever is later, and shall consist of at least the following:
a. Maintaining the integrity and effectiveness of any final
cover, including making repairs to the cover as necessary to correct the
effects of settlement, subsidence, erosion, or other events, and preventing
run-on and run-off from eroding or otherwise damaging the final cover;
b. Maintaining and operating the leachate collection system
in accordance with the requirements in 9VAC20-80-290 and 9VAC20-80-300, if
applicable. The director may allow the owner or operator to stop managing
leachate if the owner or operator demonstrates that leachate no longer poses a
threat to human health and the environment;
c. Monitoring the ground water in accordance with the
requirements of subsection D of this section and maintaining the ground water
monitoring system, if applicable; and
d. If applicable, maintaining and operating the gas
monitoring system in accordance with the requirements of 9VAC20-80-280.
2. The length of the post-closure care period may be:
a. Decreased by the director if the owner or operator
demonstrates that the reduced period is sufficient to protect human health and
the environment and this demonstration is approved by the director; or
b. Increased by the director if the director determines
that the lengthened period is necessary to complete the corrective measures or
to protect human health and the environment. If the post-closure period is
increased, the owner or operator shall submit a revised post-closure plan for
review and approval, and continue post-closure monitoring and maintenance in
accordance with the approved plan.
3. The owner or operator shall prepare a written
post-closure plan that includes, at a minimum, the following information:
a. A description of the monitoring and maintenance
activities required in subdivision 1 of this subsection for each disposal unit,
and the frequency at which these activities will be performed;
b. Name, address, and telephone number of the person or
office to contact about the facility during the post-closure period; and
c. A description of the planned uses of the property during
the post-closure period. Post-closure use of the property shall not disturb the
integrity of the final cover, liners, or any other components of the
containment system, or the function of the monitoring systems unless necessary
to comply with the requirements of this chapter. The director may approve any
other disturbance if the owner or operator demonstrates that disturbance of the
final cover, liner or other component of the containment system, including any
removal of waste, will not increase the potential threat to human health or the
environment.
4. The owner or operator shall submit a post-closure care
plan for review and approval by the director whenever a post-closure care plan
has been prepared or amended. Those post-closure care plans that have been
placed in a facility's operating record must be reviewed and approved by the
director prior to implementation.
5. Following completion of the post-closure care period for
each disposal unit, the owner or operator shall submit to the department a
certificate, signed by a registered professional engineer, verifying that
post-closure care has been completed in accordance with the post-closure plan.
The certificate shall be accompanied by an evaluation, prepared by a
professional engineer licensed in the Commonwealth and signed by the owner or
operator, assessing and evaluating the landfill's potential for harm to human
health and the environment in the event that post-closure monitoring and
maintenance are discontinued.
9VAC20-80-270. Industrial waste disposal
facilities. (Repealed.)
Facilities intended primarily for the disposal of
nonhazardous industrial waste shall be subject to design and operational
requirements dependent on the volume and the physical, chemical, and biological
nature of the waste. Household wastes may not be disposed of in industrial
waste disposal facilities. Additional requirements, to include added ground
water and decomposition gas monitoring, may be imposed by the director
depending on the volume and the nature of the waste involved as necessary to
protect health or the environment.
A. Siting.
1. Landfills shall not be sited or constructed in areas
subject to base floods unless it can be shown that the facility can be
protected from inundation or washout and that flow of water is not restricted.
2. Landfills shall not be sited in geologically unstable
areas where inadequate foundation support for the structural components of the
landfill exists. Factors to be considered when determining unstable areas shall
include:
a. Soil conditions that may result in differential settling
and subsequent failure of containment structures;
b. Geologic or geomorphologic features that may result in
sudden or nonsudden events and subsequent failure of containment structures;
c. Man-made features or events (both surface and
subsurface) that may result in sudden or nonsudden events and subsequent
failure of containment structures;
3. Acceptable landfill sites shall have sufficient area and
terrain to allow for management of leachate.
4. No new industrial waste landfill disposal or leachate
storage unit or expansion of existing units shall extend closer than:
a. 100 feet of any
regularly flowing surface water body or river;
b. 500 feet of any well,
spring or other ground water source of drinking water;
c. One thousand feet from the nearest edge of the
right-of-way of any interstate or primary highway or 500 feet from the nearest
edge of the right-of-way of any other highway or city street, except the
following:
(1) Units which are screened by natural objects, plantings,
fences, or other appropriate means so as to minimize the visibility from the
main-traveled way of the highway or city street, or otherwise removed from
sight;
(2) Units which are located in areas which are zoned for
industrial use under authority of state law or in unzoned industrial areas as
determined by the Commonwealth Transportation Board;
(3) Units which are not visible from the main-traveled way
of the highway or city street;
NOTE: This requirement is based on § 33.1-348 of the Code
of Virginia, which should be consulted for detail. The regulatory
responsibility for this standard rests with the Virginia Department of
Transportation.
d. 200 feet from the active
filling areas to any residence, school or recreational park area; or
e. 50 feet from the active
filling areas to the facility boundary.
5. Wetlands. New industrial landfills and lateral
expansions of existing facilities shall not be located in wetlands, unless the
owner or operator can make the following demonstrations:
a. Where applicable under § 404 of the Clean Water Act or
applicable Virginia wetlands laws, the presumption is clearly rebutted that a
practicable alternative to the proposed landfill exists that does not involve
wetlands;
b. The construction and operation of the facility will not:
(1) Cause or contribute to violations of any applicable
water quality standard;
(2) Violate any applicable toxic effluent standard or
prohibition under § 307 of the Clean Water Act;
(3) Jeopardize the continued existence of endangered or
threatened species or result in the destruction or adverse modification of a
critical habitat, protected under the Endangered Species Act of 1973; and
(4) Violate any requirement under
the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection
of a marine sanctuary;
c. The facility will not cause or contribute to significant
degradation of wetlands. The owner or operator shall demonstrate the integrity
of the facility and its ability to protect ecological resources by addressing
the following factors:
(1) Erosion, stability, and migration potential of native
wetland soils, muds and deposits used to support the facility;
(2) Erosion, stability, and migration potential of dredged
and fill materials used to support the facility;
(3) The volume and chemical nature of the waste managed in
the facility;
(4) Impacts on fish, wildlife, and other aquatic resources
and their habitat from release of the solid waste;
(5) The potential effects of catastrophic release of waste
to the wetland and the resulting impacts on the environment; and
(6) Any additional factors, as necessary, to demonstrate
that ecological resources in the wetland are sufficiently protected;
d. To the extent required under § 404 of the Clean Water
Act or applicable Virginia wetlands laws, steps have been taken to attempt to
achieve no net loss of wetlands (as defined by acreage and function) by first
avoiding impacts to wetlands to the maximum extent practicable as required by
9VAC20-80-250 A 4, then minimizing unavoidable impacts to the maximum extent
practicable, and finally offsetting remaining unavoidable wetland impacts
through all appropriate and practicable compensatory mitigation actions (e.g.,
restoration of existing degraded wetlands or creation of man-made wetlands);
and
e. Sufficient information is available to make a reasonable
determination with respect to these demonstrations.
6. No new facility shall be located in areas where ground
water monitoring cannot be conducted in accordance with subsection D of this
section. Factors to be considered in determining whether or not a site can be
monitored shall include:
a. Ability to characterize the direction of ground water
flow within the uppermost aquifer;
b. Ability to characterize and define any releases from the
landfill so as to determine what corrective actions are necessary;
c. Ability to perform corrective action as necessary; and
d. Ability to install a double liner system with a leachate
collection system above the top liner and a monitoring collection system
between the two liners.
7. The following site characteristics may also prevent approval
or require substantial limitations on the site use or require incorporation of
sound engineering controls:
a. Excessive slopes (greater than 33%) over more than half
the site area;
b. Lack of readily available cover materials or lack of a
firm commitment for adequate cover material from a borrow site;
c. Springs, seeps, or other ground water intrusion into the
site;
d. The presence of gas, water, sewage, or electrical or
other transmission lines under the site; or
e. The prior existence on the site of a dump, unpermitted
landfill, lagoon, or similar unit, even if such unit is closed, will be
considered a defect in the site unless the proposed unit can be isolated from
the defect by the nature of the unit design and the ground water under the proposed
unit can be effectively monitored.
8. Specific site conditions may be considered in approving
an exemption of a site from the siting restrictions of subdivision 5 and 6 of
this subsection.
B. Design/construction. The following design and
construction requirements apply to all industrial waste landfills:
1. All facilities shall be surrounded on all sides by
natural barriers, fencing, or an equivalent means of controlling public access
and preventing illegal disposal. Except where the solid waste disposal facility
is on site of the industrial facility where access is limited, all access will
be limited to gates, and such gates shall be securable and equipped with locks.
2. Access roads to the entrance of a solid waste disposal
facility or site and to the disposal area shall be passable in all weather
conditions, and shall be provided with a base capable of withstanding
anticipated heavy vehicle loads.
3. Each off-site solid waste disposal facility should be
provided with an adequately lighted and heated shelter where operating
personnel can exercise site control and have access to essential sanitation
facilities. Lighting, heat and sanitation facilities may be provided by
portable equipment as necessary.
4. Aesthetics shall be considered in the design of a solid
waste disposal facility. Use of artificial or natural screens shall be
incorporated into the design for site screening and noise attenuation. The
design should reflect those requirements, if any, that are determined from the
long-range plan for the future use of the site.
5. All landfills should be equipped with permanent or
mobile telephone or radio communications except where other on-site resources
are available.
6. All facilities shall be designed to divert surface water
runoff from a 25-year, 24-hour storm away from disposal areas. The design shall
provide that any surface water runoff is managed so that erosion is well
controlled and environmental damage is prevented.
7. The design shall provide for leachate management which
shall include its collection, treatment, storage, and disposal and a leachate
monitoring program in accordance with 9VAC20-80-290.
8. Each landfill shall be constructed in accordance with
approved plans, which shall not be subsequently modified without approval by the
department.
9. Two survey bench marks shall be established and
maintained on the landfill site, and its location identified or recorded on
drawings and maps of the facility.
10. Compacted lifts of deposited waste shall be of a height
that is compatible with the amount received daily and the specific industrial
waste being managed keeping work face to a minimum.
11. Acceptable landfill sites shall have sufficient area
and terrain to allow for management of leachate.
12. A ground water monitoring system shall be installed at
all new and existing industrial landfills in accordance with the requirements
of 9VAC20-80-300.
13. Drainage structures shall be installed and continuously
maintained to prevent ponding and erosion, and to minimize infiltration of water
into solid waste cells.
14. All landfills shall be underlain by a liner system as
follows:
a. Compacted soil:
(1) A liner consisting of at least one-foot layer of
compacted soil with a hydraulic conductivity of no more than 1x10-7
cm/sec.
(2) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
(3) The liner shall be covered with a minimum one-foot
thick drainage layer composed of material having a hydraulic conductivity of
1x10-3 cm/sec or greater (lab tested).
b. Synthetic liners:
(1) Synthetic liner consisting of a minimum 30-mil thick
flexible membrane. If high density polyethylene is used, it shall be at least
60-mil thick. Synthetic liners shall be proven to be compatible with the solid
waste and its leachate.
(2) The liner shall be placed in accordance with an
approved construction quality control/quality assurance program submitted with
the design plans.
(3) The base under the liner shall be a smooth rock-free
base or otherwise prepared to prevent causing liner failure.
(4) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
(5) The liner shall be covered with a 12-inch thick
drainage layer for leachate removal and a six -inch thick protective layer
placed above the drainage layer, both composed of materials with a hydraulic
conductivity of 1x10-3 cm/sec or greater (lab tested).
c. Other liners:
(1) Other augmented compacted clays or soils may be used as
a liner provided the thickness is equivalent and the hydraulic conductivity
will be equal to or less than that for compacted clay alone.
(2) The effectiveness of the proposed augmented soil liner
shall be documented by using appropriate laboratory tests.
(3) The liner shall be placed with a minimum of 2.0% slope
for leachate drainage.
d. In-place soil:
(1) Where the landfill will be separated from the ground
water by low hydraulic conductivity soil as indicated by appropriate laboratory
tests, which is natural and undisturbed, and provides equal or better
performance in protecting ground water from leachate contamination, a liner can
be developed by manipulation of the soil to form a liner with equivalent
thickness and hydraulic conductivity equal to or less than that of the clay
liner.
(2) The liner shall be prepared with a minimum of 2.0%
slope for leachate drainage.
e. Double liners required or used in lieu of ground water
monitoring shall include:
(1) Base preparation to protect the liner.
(2) A bottom or secondary liner which is soil, synthetic or
augmented soil as indicated in subdivision 14 a, b, c, or d of this subsection.
(3) A witness or monitoring zone placed above the bottom or
secondary liner consisting of a 12 -inch thick drainage layer composed of
material with a hydraulic conductivity of 1x10-3 cm/sec or greater
(lab tested) with a network of perforated pipe, or an equivalent design.
(4) The primary liner as indicated in
subdivision 14 a, b, or c of this subsection.
(5) The primary liner will be covered with a minimum
12-inch thick drainage layer and a six-inch thick protective layer, placed
above the drainage layer, both composed of materials having a hydraulic
conductivity of 1x10-3 cm/sec or greater (lab tested).
15. The leachate collection system shall be placed above
the top liner in accordance with the requirements of 9VAC20-80-290. Surface
impoundments or other leachate storage structures shall be so constructed that
discharge to ground water will not occur. Leachate derived from the industrial
waste landfill may be recirculated provided the disposal unit is designed with
a composite liner as required by 9VAC20-80-250 B 9 and a leachate collection
system as required by 9VAC20-80-290.
16. Final contours of the finished landfill shall be
specified. Design of final contours shall consider subsequent site uses, existing
natural contours, surface water management requirements, and the nature of the
surrounding area.
17. Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual. The top slope shall be at least 2.0% to prevent ponding of
water.
18. Each design shall include a gas management plan
developed to control decomposition gases, unless the owner or operator can
demonstrate that the chemical composition of wastes disposed clearly shows that
no gases will be generated. The plan shall address the requirements of
9VAC20-80-280.
19. Construction quality assurance program.
a. General.
(1) A construction quality assurance (CQA) program is
required for all landfill units. The program shall ensure that the constructed
unit meets or exceeds all design criteria and specifications in the permit. The
program shall be developed and implemented under the direction of a CQA officer
who is a registered professional engineer.
(2) The CQA program shall address the following physical
components, where applicable:
(a) Foundations;
(b) Low-hydraulic conductivity soil liners;
(c) Synthetic membrane liners;
(d) Leachate collection and removal systems; and
(e) Final cover systems.
b. Written CQA plan. The owner or operator shall develop
and implement a written CQA plan. The plan shall identify steps that will be
used to monitor and document the quality of materials and the condition and
manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description
of how they will be constructed.
(2) Identification of key personnel in the development and
implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for
all unit components identified in subdivision 19 a (2) of this subsection
including observations and tests that will be used before, during, and after
construction to ensure that the construction materials and the installed unit
components meet the design specifications. The description shall cover:
sampling size and locations; frequency of testing; data evaluation procedures;
acceptance and rejection criteria for construction materials; plans for
implementing corrective measures; and data or other information to be recorded.
c. Contents of program. The CQA program shall include
observations, inspections, tests, and measurements sufficient to ensure:
(1) Structural stability and integrity of all components of
the unit identified in subdivision 19 a (2) of this subsection;
(2) Proper construction of all components of the liners,
leachate collection and removal system, gas management system if required under
subdivision 18 of this subsection and final cover system, according to permit
specifications and good engineering practices, and proper installation of all
components (e.g., pipes) according to design specifications;
(3) Conformity of all materials used with design and other
material specifications;
(4) The permeability of the soil liner. Soil liner
construction will be demonstrated on a test pad where permeability will be
confirmed using an in situ testing method.
d. Certification. Waste shall not be received in a landfill
unit until the owner or operator has submitted to the department by certified
mail or hand delivery a certification signed by the CQA officer that the
approved CQA plan has been successfully carried out and that the unit meets the
requirements of this section. Documentation supporting the CQA officer's
certification shall be submitted to the department upon request. An additional
certification is required under the provisions of 9VAC20-80-550 A 1
C. Operation.
1. Access to an off-site solid waste disposal facility
shall be permitted only when an attendant is on duty and during times specified
in the permit for the facility. An on-site solid waste disposal facility may
operate during the normal hours of the industrial facility it directly
supports.
2. Dust, odors, and vectors shall be effectively controlled
so they do not constitute nuisances or hazards.
3. Safety hazards to operating personnel shall be
controlled through an active safety program consistent with the requirements of
29 CFR Part 1910.
4. Adequate numbers and types of properly maintained
equipment shall be available to a facility for the performance of operation.
Provision shall be made for substitute equipment to be available within 24
hours should the former become inoperable or unavailable.
5. Open burning shall be prohibited except pursuant to the
appropriate conditional exemptions among those listed in 9VAC20-80-180 B 7 b.
The means shall be provided on a facility to promptly extinguish any
non-permitted open burning and to provide adequate fire protection for the
solid waste disposal facility as a whole. There shall be no open burning
permitted on areas where solid waste has been disposed or is being used for
active disposal.
6. Solid waste shall not be deposited in, nor shall it be
permitted to enter any surface waters or ground waters.
7. Records of waste received from off-site sources shall be
maintained on the amount of solid waste received and processed, type of waste,
and source of waste. Such information shall be made available to the department
on request.
8. The ground water monitoring program shall be implemented
in accordance with subsection D of this section.
9. Corrective action program. A corrective action program
in accordance with 9VAC20-80-310 is required whenever the ground water
protection levels are exceeded.
10. Fugitive dust and mud deposits on main site and access
roads shall be controlled at all times to minimize nuisances.
11. Incinerator and air pollution control residues
containing no free liquids should be incorporated into the working face and
covered at such intervals as necessary to minimize them from becoming airborne.
12. Compaction and cover requirements.
a. Unless provided otherwise in the permit, solid waste
shall be spread and compacted at the working face, which shall be confined to
the smallest area practicable.
b. Lift heights shall be sized according to the volume of
waste received daily and the nature of the industrial waste. A lift height is
not required for materials such as fly ash that are not compactable.
c. Where it is appropriate for the specific waste, daily
cover consisting of six inches of compacted earth or other suitable material
shall be placed upon all exposed solid waste prior to the end of each operating
day. For wastes such as fly ash and bottom ash from burning of fossil fuels,
periodic cover to minimize exposure to precipitation and control dust or dust
control measures such as surface wetting or crusting agents shall be applied.
d. Intermediate cover of at least one foot of compacted
soil shall be applied whenever an additional lift of refuse is not to be
applied within 30 days unless the owner or operator demonstrates to the
satisfaction of the director that an alternate cover material or an alternate
schedule will be protective of public health and the environment. In the case
of facilities where coal combustion by-products are removed for beneficial use,
intermediate cover must be applied in any area where ash has not been placed or
removed for 30 days or more. Further, all areas with intermediate cover exposed
shall be inspected as needed but not less than weekly and additional cover
material shall be placed on all cracked, eroded, and uneven areas as required
to maintain the integrity of the intermediate cover system.
e. Final cover construction will be initiated in accordance
with the requirements of subsection E of this section shall be applied when the
following pertain:
(1) When an additional lift of solid waste is not to be
applied within two years.
(2) When any area of a landfill attains final elevation and
within 90 days after such elevation is reached. The director may approve a
longer period in case of inclement weather. The director may approve alternate
timeframes if they are specified in the facility's closure plan.
(3) When a landfill's permit is terminated within 90 days
of such denial or termination.
13. Vegetative cover with proper support layers shall be
established and maintained on all exposed final cover material within four
months after placement, or as otherwise specified by the department when
seasonal conditions do not otherwise permit.
14. No hazardous wastes as defined by the Virginia
Hazardous Waste Management Regulations shall be accepted at the landfill.
15. The open working face of a landfill shall be kept as
small as possible.
16. At least three days of acceptable cover soil or
approved material at the average usage rate shall be maintained at the fill at
all times at facilities where daily cover is required unless an off-site supply
is readily available on a daily basis.
17. Equipment of appropriate size and numbers shall be on
site at all times. Operators with training appropriate to the tasks they are
expected to perform and in sufficient numbers for the complexity of the site
shall be on the site whenever it is in operation. Equipment and operators
provided will not be satisfactory unless they ensure that the site is managed
with a high degree of safety and effectiveness.
18. Internal roads in the landfill shall be maintained to
be passable in all weather by ordinary vehicles. All operation areas and units
shall be accessible; gravel or other finish materials are usually required to
accomplish this. Provisions shall be made to prevent tracking of mud onto
public roads by vehicles leaving the site.
19. Leachate from a solid waste disposal facility shall not
be permitted to drain or discharge into surface waters except when authorized
under a VPDES Permit issued pursuant to the State Water Control Board
Regulation (9VAC25-31).
D. Ground water monitoring program. Ground water
monitoring program shall be instituted at all industrial waste landfills in
accordance with the requirements contained in 9VAC20-80-300.
E. Closure.
1. Closure criteria. All industrial waste landfills shall
be closed in accordance with the procedures set forth as follows:
a. The owner or operator shall close his facility in a
manner that minimizes the need for further maintenance, and controls the
post-closure escape of uncontrolled leachate, surface runoff, or waste decomposition
products to the ground water, surface water, or to the atmosphere.
b. Owner or operator of all industrial landfills shall
install a final cover system that is designed to achieve the performance
requirements of subdivision 1 a of this subsection.
(1) The final cover system shall be designed and
constructed to:
(a) Have a hydraulic conductivity less than or equal to the
hydraulic conductivity of any bottom liner system or natural subsoils present,
or a hydraulic conductivity no greater than 1x10-5 cm/sec, whichever
is less; and
(b) Minimize infiltration through the closed disposal unit
by the use of an infiltration layer that contains a minimum 18 inches of
earthen material; and
(c) Minimize erosion of the final cover by the use of an
erosion layer that contains a minimum of six inches of earthen material that is
capable of sustaining native plant growth, and provide for protection of the
infiltration layer from the effects of erosion, frost, and wind.
(2) Finished side slopes shall be stable and be configured
to adequately control erosion and runoff. Slopes of 33% will be allowed
provided that adequate runoff controls are established. Steeper slopes may be
considered if supported by necessary stability calculations and appropriate
erosion and runoff control features. All finished slopes and runoff management
facilities shall be supported by necessary calculations and included in the
design manual.
(3) The director may approve an alternate final cover
design that includes:
(a) An infiltration layer that achieves an equivalent
reduction in infiltration as the infiltration layer specified in subdivisions 1
b (1) (a) and (b) of this subsection; and
(b) An erosion layer that provides equivalent protection
from wind and water erosion as the erosion layer specified in subdivision 1 b
(1) (c) of this subsection.
2. Closure plan and amendment of plan.
a. The owner or operator of a solid waste disposal facility
shall have a written closure plan. This plan shall identify the steps necessary
to completely close the facility at the time when the operation will be the
most extensive and at the end of its intended life. The closure plan shall
include, at least:
(1) A description of those measures and procedures to be
employed to comply with this subsection;
(2) An estimate of the largest area ever requiring a final
cover as required at any time during the active life;
(3) An estimate of the maximum inventory of wastes ever
on-site over the active life of the landfill facility; and
(4) A schedule for final closure shall also be provided
which shall include, as a minimum, the anticipated date when wastes will no
longer be received, the date when completion of final closure is anticipated,
and intervening milestone dates which will allow tracking of the progress of
closure.
b. The owner or operator may amend his closure plan at any
time during the active life of the facility. The owner or operator shall so
amend his plan any time changes in operating plans or facility design affect
the closure plan. The amended closure plan shall be placed in the operating
record.
c. The owner or operator shall notify the department
whenever an amended closure plan has been prepared and placed in the operating
record.
d. Prior to beginning closure of each solid waste disposal
unit, the owner or operator shall notify the department of the intent to close.
e. If the owner or operator intends to use an alternate
final cover design, he shall submit a proposed design meeting the requirements
of subdivision 1 b (3) of this subsection to the department at least 180 days
before the date he expects to begin closure. The director will approve or
disapprove the plan within 90 days of receipt.
f. Closure plans, and amended closure plans not previously
approved by the director shall be submitted to the department at least 180 days
before the date the owner or operator expects to begin closure. The director
will approve or disapprove the plan within 90 days of receipt.
3. Time allowed for closure.
a. The owner or operator shall begin closure activities of
each unit no later than 30 days after the date on which the unit receives the
known final receipt of wastes or, if the unit has remaining capacity and there
is a reasonable likelihood that the unit will receive additional wastes, no later
than one year after the most recent receipt of wastes. Extensions beyond the
one-year deadline for beginning closure may be granted by the director if the
owner or operator demonstrates that the unit has the capacity to receive
additional wastes and the owner or operator has taken and will continue to take
all steps necessary to prevent threats to human health and the environment from
the unclosed unit.
b. The owner or operator shall complete closure activities
in accordance with the closure plan and within six months after receiving the
final volume of wastes. The director may approve a longer closure period if the
owner or operator can demonstrate that the required or planned closure activities will, of necessity, take longer than six
months to complete; and that he has taken all steps to eliminate any
significant threat to human health and the environment from the unclosed but
inactive facility.
4. Closure implementation.
a. The owner or operator shall close each unit with a final
cover as specified in subdivision 1 b of this subsection, grade the fill area
to prevent ponding, and provide a suitable vegetative cover. Vegetation shall
be deemed properly established when there are no large areas
void of vegetation and it is sufficient to control erosion.
b. Following construction of the final cover system for
each unit, the owner or operator shall submit to the department a
certification, signed by a registered professional engineer verifying that
closure has been completed in accordance with the closure plan requirements of
this part. This certification shall include the results of the CQA/QC
requirements under subdivision B 19 a (2) (e) of this section.
c. Following the closure of all units the owner or operator
shall:
(1) Post one sign at the entrance of the facility notifying
all persons of the closing, and providing a notice prohibiting further receipt
of waste materials. Further, suitable barriers shall be installed at former
accesses to prevent new waste from being deposited.
(2) Within 90 days after closure is completed, submit to
the local land recording authority a survey plat indicating the location and
dimensions of landfill disposal areas prepared by a professional land surveyor
registered by the Commonwealth. Monitoring well locations should be included
and identified by the number on the survey plat. The plat filed with the local
land recording authority shall contain a note, prominently displayed, which
states the owner's or operator's future obligation to restrict disturbance of
the site as specified.
(3) The owner of the property on which a solid waste
disposal facility is located shall record a notation on the deed to the
facility property, or on some other instrument which is normally examined
during title search, notifying any potential purchaser of the property that the
land has been used to manage solid waste. A copy of the deed notation as
recorded shall be filed with the department.
(4) Submit to the department a certification, signed by a
registered professional engineer, verifying that closure has been completed in
accordance with the requirements of subdivision 4 c (1) through (3) of this
subsection and the facility closure plan.
5. Inspection. The department shall inspect all solid waste
management units at the time of closure to confirm that the closing is complete
and adequate. It shall notify the owner of a closed facility, in writing, if
the closure is satisfactory, and shall require any construction or such other
steps necessary to bring unsatisfactory sites into compliance with these
regulations. Notification by the department that the closure is satisfactory
does not relieve the operator of responsibility for corrective action to
prevent or abate problems caused by the facility.
6. Post-closure period. The post-closure care period begins
on the date of the certification signed by a registered professional engineer
as required in subdivision 4 c (4) of this subsection. Unless a facility
completes all provisions of subdivision 4 of this subsection, the department
will not consider the facility closed, and the beginning of the post-closure
care period will be postponed until all provisions have been completed. If the
department's inspection required by subdivision 5 of this subsection reveals
that the facility has not been properly closed in accordance with this part,
post-closure will begin on the date that the department acknowledges proper
closure has been completed.
F. Post-closure care requirements.
1. Following closure of all disposal units, the owner or
operator shall conduct post-closure care of the facility. Except as provided
under subdivision 2 of this subsection, post-closure care shall be conducted
for 10 years after the date of closure or for as long as leachate is generated,
whichever is later, and shall consist of at least the following:
a. Maintaining the integrity and effectiveness of any final
cover, including making repairs to the cover as necessary to correct the
effects of settlement, subsidence, erosion, or other events, and preventing
run-on and run-off from eroding or otherwise damaging the final cover;
b. Maintaining and operating the leachate collection system
in accordance with the requirements in 9VAC20-80-290 and 9VAC20-80-300. The
director may allow the owner or operator to stop managing leachate if the owner
or operator demonstrates that leachate no longer poses a threat to human health
and the environment;
c. Monitoring the ground water in accordance with the
requirements of subsection D of this section and maintaining the ground water
monitoring system; and
d. If applicable, maintaining and operating the gas
monitoring system in accordance with the requirements of 9VAC20-80-280.
2. The length of the post-closure care period may be:
a. Decreased by the director if the owner or operator demonstrates
that the reduced period is sufficient to protect human health and the
environment and this demonstration is approved by the director; or
b. Increased by the director if the director determines
that the lengthened period is necessary to complete the corrective measures or
to protect human health and the environment. If the post-closure period is
increased, the owner or operator shall submit a revised post-closure plan for
review and approval, and continue post-closure monitoring and maintenance in accordance
with the approved plan.
3. The owner or operator shall prepare a written
post-closure plan that includes, at a minimum, the following information:
a. A description of the monitoring and maintenance
activities required in subdivision 1 of this subsection for each disposal unit,
and the frequency at which these activities will be performed;
b. Name, address, and telephone number of the person or
office to contact about the facility during the post-closure period; and
c. A description of the planned uses of the property during
the post-closure period. Post-closure use of the property shall not disturb the
integrity of the final cover, liners, or any other components of the
containment system, or the function of the monitoring systems unless necessary
to comply with the requirements of this chapter. The director may approve any
other disturbance if the owner or operator demonstrates that disturbance of the
final cover, liner or other component of the containment system, including any
removal of waste, will not increase the potential threat to human health or the
environment.
4. The owner or operator shall submit a post-closure care
plan for review and approval by the director whenever a post-closure care plan
has been prepared or amended. Those post-closure care plans that have been
placed in a facility's operating record must be reviewed and approved by the
director prior to implementation.
5. Following completion of the post-closure care period for
each disposal unit, the owner or operator shall submit to the department a
certificate, signed by a registered professional engineer, verifying that
post-closure care has been completed in accordance with the post-closure plan.
The certificate shall be accompanied by an evaluation, prepared by a professional
engineer licensed in the Commonwealth and signed by the owner or operator,
assessing and evaluating the landfill's potential for harm to human health and
the environment in the event that post-closure monitoring and maintenance are
discontinued.
9VAC20-80-280. Control of decomposition gases.(Repealed.)
Owners or operators of solid waste disposal facilities
shall develop a gas management plan in accordance with this section. Venting
and control of decomposition gases shall be implemented for all sanitary
landfills under 9VAC20-80-250 B and other landfills where required under
9VAC20-80-260 B 9 or 9VAC20-80-270 B 18 to protect the facility cap, and to
prevent migration into structures or beyond the facility boundary. The contents
of the plan shall also reflect the requirements contained in 40 CFR 60.33c and
40 CFR 60.750 (Standards of performance for new and guidelines for control of
existing municipal solid waste landfills) and 9VAC5-40-5800, as appropriate.
A. General requirements.
1. To provide for the protection of public health and
safety, and the environment, the operator shall ensure that decomposition gases
generated at a facility are controlled during the periods of operation, closure
and post-closure care, in accordance with the following requirements:
a. The concentration of methane gas generated by the
facility shall not exceed 25% of the lower explosive limit (LEL) for methane in
facility structures (excluding gas control or recovery system components); and
b. The concentration of methane gas migrating from the
landfill shall not exceed the lower explosive limit for methane at the facility
boundary.
2. The program implemented pursuant to subsections B
through E of this section shall continue throughout the active life of the
facility and the closure and post-closure care periods or until the operator
receives written authorization by the department to discontinue. Authorization
to cease gas monitoring and control shall be based on a demonstration by the
operator that there is no potential for gas migration beyond the facility
boundary or into facility structures.
3. Gas monitoring and control systems shall be modified,
during the closure and post-closure maintenance period, to reflect changing
on-site and adjacent land uses. Post closure land use at the site shall not
interfere with the function of gas monitoring and control systems.
4. The operator may request a reduction of monitoring or
control activities based upon the results of collected monitoring data. The
request for reduction of monitoring or control activities shall be submitted in
writing to the department.
B. Gas monitoring. Subject to the preconditions in
9VAC20-80-250 B, 9VAC20-80-260 B 9, and 9VAC20-80-270 B 18, the operator shall
implement a gas monitoring program at the facility in accordance with the
following requirements:
1. The gas monitoring network shall be designed to ensure
detection of the presence of decomposition gas migrating beyond the landfill
facility boundary and into facility structures.
2. The monitoring network shall be designed to account for
the following specific site characteristics, and potential migration pathways
or barriers, including, but not limited to:
a. Local soil and rock conditions;
b. Hydrogeological and hydraulic conditions surrounding the
facility;
c. Locations of buildings and structures relative to the
waste deposit area;
d. Adjacent land use, and inhabitable
structures within 1000 feet of the landfill facility boundary;
e. Man-made pathways, such as underground construction; and
f. The nature and age of waste and its potential to
generate decomposition gas.
3. Owners or operators of certain large sanitary landfills
and landfills located in non-attainment areas may be required to perform
additional monitoring as provided in 40 CFR 60.33c, 40 CFR 60.750, and
9VAC5-40-5800.
4. At a minimum, the gas monitoring frequency shall be
quarterly. The department may require more frequent monitoring at locations
where monitoring results indicate gas migration or gas accumulation in devices
or structures designed to detect migrating gas.
C. Gas remediation.
1. When the gas monitoring results indicate concentrations
of methane in excess of the action levels, 25% of the lower explosive limit
(LEL) for methane in facility structures (excluding gas control or recovery
system components) or 80% of the LEL for methane at the facility boundary, the
operator shall:
a. Take all immediate steps necessary to protect public
health and safety including those required by the contingency plan.
b. Notify the department in a written statement within five
working days of learning that action levels have been exceeded, and indicate
what has been done or is planned to be done to resolve the problem.
2. When the gas monitoring results indicate concentrations
of methane in excess of the compliance levels, 25% of the LEL for methane in
facility structures (excluding gas control or recovery system components) or
the LEL for methane at the facility boundary, the operator shall, within 60
days of detection, implement a remediation plan for the methane gas releases
and submit it to the department for amendment of the facility permit. The plan
shall describe the nature and extent of the problem and the proposed remedy.
The plan shall include an implementation schedule specifying timeframes for
implementing corrective actions, an evaluation of the effectiveness of such
corrective actions, and milestones for proceeding in implementation of
additional corrective actions, if necessary to reestablish compliance.
3. A gas remediation system shall:
a. Prevent methane accumulation in onsite structures.
b. Reduce methane concentrations at monitored property
boundaries to below compliance levels in the timeframes specified in the gas
remediation plan.
c. Provide for the collection and treatment and/or disposal
of decomposition gas condensate produced at the surface. Condensate generated
from gas control systems may be recirculated into the landfill provided the
facility complies with the liner and leachate control systems requirements of
this part. Condensate collected in condensate traps and drained by gravity into
the waste mass will not be considered recirculation.
4. Extensive systems to control emissions of nonmethane
organic compounds may be required under the Clean Air Act (40 CFR 60.33c and 40
CFR 60.750) and 9VAC5-40-5800. Facilities that are required to construct and
operate systems designed to comply with those regulations will be considered to
be in compliance with the requirements of subdivisions 3 a
and b of this subsection, unless monitoring data continues to indicate
an exceedance of compliance levels. Gas control systems also may be subject to
the Virginia Operating Permits for Stationary Sources Program (9VAC5-80) or
other state air pollution control regulations.
5. The facility shall notify the department of an initial
exceedance of the compliance level or unusual condition that may endanger human
health and the environment, in accordance with 9VAC20-80-570 C 3, such as when
an active gas remediation system is no longer operating in such a manner as to
maintain compliance with this section.
D. Odor management.
1. When an odor nuisance or hazard is created under normal
operating conditions and upon notification from the department, the permittee
shall within 90 days develop and implement an odor management plan to address
odors that may impact citizens beyond the facility boundaries. The permittee
shall place the plan in the operating record and a copy shall be submitted to
the department for its records. Odor management plans developed in accordance
with Virginia Air Regulations (9VAC5-40-140), 9VAC5-50-140 or other state air
pollution control regulations will suffice for the provisions of this
subsection.
2. The plan shall identify a contact at the facility that
citizens can notify about odor concerns.
3. Facilities shall perform and document an annual review
and update the odor management plan, as necessary, to address ongoing odor
management issues.
E. Recordkeeping. The owner or operator shall keep the
records of the results of gas monitoring and any gas remediation issues
throughout the active life of the facility and the post-closure care period.
The records shall include:
1. The concentrations of the methane as measured at each
probe and within each on-site structure;
2. The documentation of date, time, barometric pressure,
atmospheric temperatures, general weather conditions, and probe pressures;
3. The names of sampling personnel, apparatus utilized, and
a brief description of the methods used;
4. A numbering system to correlate monitoring results to a
corresponding probe location;
5. Monitoring and design records for any gas remediation or
control system.
9VAC20-80-290. Leachate control system and monitoring. (Repealed.)
A. Design plan. The design shall contain a plan for
leachate collection, storage and treatment. The plan shall include the
following:
1. An estimate of the quality and quantity of leachate to
be produced annually by the facility. The estimate shall include the 30-day
leachate volume and average flow rate of each month of the year. A separate
estimate shall be submitted for anticipated leachate generation at the end of
five-year increments of operation for 20 years, or until closure, whichever
date is earlier. For existing facilities, current leachate generation shall be
included with this separate estimate.
2. Plans, designs and cross sections for the proposed
collection and handling system.
3. Plans, designs and cross sections for onsite leachate
storage or treatment systems, including system appurtenances for storage,
pretreatment or treatment of leachate from the facility.
4. In the case of a CDD landfill, leachate storage and
treatment may be specified in a contingency plan. Such plan shall be
implemented within 90 days of leachate development or notice by the department
that implementation is required. Interim storage of leachate in leak proof
containers or management of leachate during the 90 days shall also be detailed
in the contingency plan.
B. The leachate collection system shall be designed and
placed:
1. To prevent causing failure of the liner;
2. To filter and prevent migration of fines to the drainage
layer from above; and
3. So that no more than one foot head of leachate may
accumulate over the liner at its lowest point excluding manifold trenches and
sumps.
C. The tanks or impoundments used for storage of leachate
shall have a flow equalization and surge capacity at least equal to the maximum
expected production of leachate for any seven-day period for the life of the
facility estimated under subdivision A 1 of this subsection. Leachate storage
capacity may not be considered to include leachate that may have collected in
or on the liner system. The storage tanks and impoundments shall be aerated as
necessary to prevent and control odors. Leachate storage impoundments shall be
equipped with a liner system that shall provide equal or greater protection of
human health and the environment than that provided by the liner of the cells
producing the leachate. At a minimum, a synthetic component will be required.
D. The collected leachate (in the order of preference)
shall be:
1. Discharged directly or after pre-treatment into a line
leading to the publicly owned treatment works or other permitted wastewater
treatment facility;
2. Transported by a vehicle to an off-site permitted
wastewater treatment facility;
3. Recirculated within the landfill, provided that the
irrigated area is underlain by a composite liner and that the operation causes
no odors, runoff or ponding; or
4. Treated on-site and discharged into surface water when
authorized under VPDES permit issued by the State Water Control Board or
otherwise approved by that agency.
E. The collected leachate shall not be discharged to an
underground drain field.
9VAC20-80-300. Ground water monitoring
program. (Repealed.)
A. General ground water requirements.
1. Applicability.
a. Owners or operators of all existing landfills shall be
in compliance with the ground water monitoring requirements specified in this
section, except as provided for in subdivision 1 c of this subsection.
b. Owners or operators of new facilities shall be in
compliance with the ground water monitoring requirements specified in this
section before waste can be placed in the landfill except as provided for in
subdivision 1 c of this subsection.
c. Ground water monitoring requirements under this
subsection may be suspended by the director for a landfill unit or facility if
the owner or operator can demonstrate that there is no potential for migration
of constituents of solid wastes listed in Table 5.1 to the uppermost aquifer
during the active life of the unit and the post-closure care period. This
demonstration shall be certified by a qualified ground water scientist and
shall be based upon:
(1) Site-specific field collected measurements, sampling
and analysis of physical, chemical, and biological processes affecting
contaminant fate and transport; and
(2) Contaminant fate and transport predictions that
maximize contaminant migration and consider impacts on human health and the
environment.
2. General requirements.
a. Owners or operators of all landfills shall implement a
ground water monitoring program capable of determining the facility's impact on
the quality of ground water in the uppermost aquifer underlying the facility.
b. Owners or operators shall install, operate, and maintain
a ground water monitoring system that meets the requirements of subdivision 3
of this subsection and shall comply with all other applicable requirements of
this section. This ground water monitoring shall be carried out during the
active life of the facility and during the post-closure care period.
c. The ground water monitoring and reporting requirements
set forth here are minimum requirements. The director may require, by amending
the permit as allowed under 9VAC20-80-620 E, any owner or operator to install,
operate and maintain a ground water monitoring system and conduct a monitoring
program that contains requirements more stringent than this chapter imposes,
whenever he determines that such requirements are necessary to prevent
significant adverse effects on public health and the environment.
3. Ground water monitoring system.
a. A ground water monitoring system shall be installed
consisting of a sufficient number of wells, at appropriate locations and
depths, capable of yielding ground water samples from the uppermost aquifer
that:
(1) Represent the quality of background ground water that
has not been affected by a release from the waste management unit; and
(2) Represent the quality of ground water at the waste
management unit boundary. The downgradient monitoring system shall be installed
at the waste management unit boundary that ensures detection of ground water
contamination in the uppermost aquifer unless a variance has been granted by
the director under 9VAC20-80-770. When physical obstacles preclude installation
of ground water monitoring wells at the waste management unit boundary, the
downgradient monitoring system may be installed at the closest practicable
distance hydraulically downgradient from the boundary that ensures detection of
ground water contamination in the uppermost aquifer.
b. The director may approve a multi-unit ground water
monitoring system instead of separate ground water monitoring systems for each
waste management unit when the facility has several units, provided the
multi-unit ground water monitoring system meets the requirement of subdivision
3 a of this subsection and will be as protective of human health and the
environment as individual monitoring systems for each waste disposal unit,
based on the following factors:
(1) Number, spacing, and orientation of the waste
management units;
(2) Hydrogeologic setting;
(3) Site history;
(4) Engineering design of the waste management units; and
(5) Type of waste accepted at the waste management units.
c. All monitoring wells of a size adequate for sampling
shall be cased and grouted in a manner that maintains the integrity of the
monitoring well bore hole. This casing shall be screened or perforated, and
packed with gravel or sand where necessary, to enable
sample collection at depths where appropriate aquifer flow zones exist. The
annular space above the sampling depth shall be sealed with a suitable material
to prevent contamination of samples and the ground water.
d. A log shall be made of each newly installed monitoring
well describing the soils or rock encountered, and the hydraulic conductivity
of formations. A copy of the final logs with appropriate maps, including at a
minimum a site plan showing the location of all monitoring wells, shall be sent
to the department with the certification required under subdivision 3 f (3) of
this subsection.
e. The monitoring wells, piezometers, and other
measurement, sampling, and analytical devices shall be operated and maintained
so that they perform to design specifications throughout the life of the ground
water monitoring program.
f. The number, spacing, and depths of monitoring wells
shall be:
(1) Determined based upon site-specific technical
information that shall include thorough characterization of:
(a) Aquifer thickness, ground water flow rate, ground water
flow direction including seasonal and temporal fluctuations in ground water
flow; and
(b) Saturated and unsaturated geologic units and fill
materials overlying the uppermost aquifer, materials comprising the uppermost
aquifer, and materials comprising the confining unit defining the lower
boundary of the uppermost aquifer, including, but not limited to, thicknesses,
stratigraphy, lithology, hydraulic conductivities, porosities and effective
porosities.
(2) At least one upgradient and three downgradient
monitoring wells shall be required within a compliance network.
(3) Certified by a qualified ground water scientist noting
that the wells have been installed in accordance with the plans submitted under
the provisions of subdivision 3 d of this subsection within 30 days of well
installation. Within 14 days of this certification, the owner or operator shall
transmit the certification to the department.
4. Sampling and analysis. The ground water sampling and
analysis requirements for the ground water monitoring system are as follows:
a. The ground water monitoring program shall include
consis